Do US presidential elections usually affect an EB-5 application?

We don't think a new administration will negatively affect EB-5 investors. The new EB-5 program signed into law by President Biden back in March 2022 was a bipartisan bill supported by both republicans and democrats.

The impact of U.S. presidential elections on EB-5 visa applications can vary depending on the policies and priorities of the incoming administration. Here are some insights into how different administrations might affect the EB-5 program:
General Support for EB-5: Historically, both major political parties in the U.S. have supported the EB-5 program due to its economic benefits, such as job creation and attracting foreign investment. This bipartisan support suggests that the program is likely to continue, although specific policies and requirements may change.
Potential Changes Under Different Administrations:
• Trump Administration: If Trump were to return to office, the EB-5 program might continue with a focus on compliance and integrity. There could be adjustments to investment thresholds and a potential emphasis on high-value investments. However, Trump's broader immigration policies might affect interest from certain countries due to restrictive measures.
• Harris Administration: If Kamala Harris were elected, her administration might adopt a more pro-immigration stance, potentially increasing global interest in the EB-5 program. Harris might focus on program integrity and compliance, with possible expansions in Targeted Employment Areas (TEAs) and adjustments to visa quotas to address backlogs.
Strategic Considerations:
• Given the potential for policy changes, some applicants may choose to apply early to preempt any adjustments that could affect their eligibility or investment requirements.
• It's advisable to stay informed about policy developments and consult with immigration professionals to understand how changes might impact your specific situation.

In summary, while a change in administration can influence the EB-5 landscape, the program's economic importance tends to secure its continuity. However, specific policy adjustments and processing changes are possible, so staying informed and seeking professional guidance is crucial.

No one knows the answer to that question but I don’t see a new President interfering with this program in any way.

The arrival of either candidate to the office will likely not delay the processing of your application. Trump’s immigration policy centers on restricting both legal and unauthorized immigration, proposing mass deportations and tighter entry requirements. Despite his restrictive stance, Trump previously exempted EB-5 from the immigration ban that he imposed while in office, recognizing it as an economic tool. Harris, however, has not advocated for sweeping immigration restrictions; her administration is expected to take a more moderate approach to EB-5 reform. Regardless of the election outcome, EB-5’s economic value suggests a positive outlook, but applicants would be wise to apply before the investment threshold is adjusted in January of 2027 based on inflation.

A change in administration will not affect your case in a regulatory fashion. That means that a president cannot change the law regarding your eligibility. Only Congress can change a law. I do not see that happening. However, a President can enact policies that may delay processing.

During Trump 1 USCIS adopted an unreasonable attitude towards virtually every time type of application and baseless denials were commonplace. I certainly couldn't rule out this happening again in Trump 2. So, while Trump can't change the law without great difficulty, it is very easy for him to instruct USCIS just to make everything as difficult as possible.

Presidential elections and new administrations don’t usually impact EB-5 visa application processing.
However, there is nothing usual about the 2024 election, which at the moment has the national split 50/50 with either candidate potentially winning as we approach the final few weeks. While the EB-5 program is administered by the executive branch of the government, its authorization comes from the legislative branch, our Congress. The EB-5 program is currently authorized to run through 9/30/2027. However, if Donald Trump assumes the Presidency, you can expect him to implement an anti-immigrant agenda, which is not limited to the undocumented. Stephen Miller, the architect of Donald Trump’s immigration policies, has generally been critical of visa programs that allow for immigration, including the EB-5 investor visa program. Miller has consistently advocated for stricter immigration controls and has been vocal about reducing the number of visas issued, emphasizing a focus on American workers and security. His stance on immigration has often included calls for more stringent vetting processes and reducing pathways for immigrants to gain residency or citizenship through investment or employment. During Trump 1.0, layers of unnecessary and duplicative vetting were introduced to the immigration process in order to undermine USCIS’s ability to process cases in a timely fashion. While Trump’s Muslim Ban and attempts to close the borders were significantly aided by a Global Pandemic in his first term, they were ultimately stifled by our system of checks and balances, which includes our judicial branch and our civil service system, which ensures that the majority of those administering government policy are apolitical. You can expect a more aggressive attempt to reshape US immigration policy if Trump 2.0 becomes reality. Project 2025 (a 900+page governing manifesto written for Trump by hundreds of his advisors, which he disavows) seeks to undermine the civil service laws and purge the government and those who were obstacles to his policies in his first Term. In contrast, a Harris administration would likely be a continuation of the Briden and Obama policies that have embraced global trade, recognize the need to replenish and expand our workforce, and encourage investment from abroad.

The best you can do is to file your application before a potentially anti-immigration gov’t takes its seat in January. You can streamline your process by going directly to an attorney.

It is unlikely that the result of the upcoming U.S. presidential election will have any significant effect on EB-5. Congress passed bipartisan legislation in 2022 to “restore integrity” and stability to the EB-5 immigrant investor visa program. No policy statement from either presidential candidate has indicated opposition to the EB-5 program, which encourages foreign investment and job creation in the United States.

This type of visa has bipartisan support. Both the Democrats and Republicans have supported this visa. It will not be impacted by a change in administration.