Each summer the top immigration attorneys in the country gather for the American Immigration Lawyers Association (AILA) National Conference. The 2025 edition took place in Denver, and the event provided important insight into several important issues for the EB-5 community.
Here are three items that caught our attention:
Removal is Now an Issue for EB-5
Many EB-5 investors or their derivative family members continue to operate overseas businesses after they obtain their green card. This often requires frequent trips overseas to ensure the proper maintenance of the business.
The investor may find themselves outside of the U.S. continuously for more than a year or may make frequent or prolonged travel outside the U.S. (e.g., 6–12 months multiple times) may suggest that the person does not intend to reside permanently in the U.S. Under previous administrations, this situation was more likely to be met with leniency.
However, the new administration is taking a much stricter approach and is issuing Notices to Appear (NTA). An NTA is a formal document issued by the Department of Homeland Security (DHS) that can initiate deportation proceedings. Investors that are issued an NTA can, and are in many cases, being held in Immigration and Customs Enforcement (ICE) detention centers.
This issue can be avoided, however, as green card holders who know they will be out of the country for an extended period can file Form 1-131 and complete biometrics to obtain a re-entry permit, which are typically valid for up to 2 years. A re-entry permit helps demonstrate an intent to return to the U.S. and maintain their green card.
To obtain a re-entry permit, the applicant must demonstrate that they have strong ties abroad. This can include:
- Having ongoing business responsibilities overseas.
- Are relocating temporarily to oversee a project.
- Are caring for a family member abroad,
EB-5 green card holders who will be traveling frequently outside of the U.S. or even residing outside of the U.S. for an extended period should consult with their immigration attorney before leaving the country.
Stricter Standards for Investors From Communist Countries
The U.S. State Department has expanded its rules pertaining to membership in the Communist Party. Previously, only active membership would raise a red flag for the State Department. Now its rules also are applied to affiliate membership, which has sometimes been described as “nonmeaningful membership.”
Additionally, Socialist Party membership is also now covered by the Department of State’s rules and even ideological support can constitute membership or affiliation. Military service and employment in a state-controlled institution also now qualifies as affiliation.
More scrutiny will also be paid to prior visa applications. For example, if a student on an F-1 visa does not disclose their Communist Party affiliation and then later discloses affiliation on their EB-5 petition they might be found to have committed visa fraud, which could result in a lifetime ban.
All Quiet on the Gold Card Front
While the recent launch of the website for the “Gold Card” caused a bit of a stir, most immigration attorneys at the 2025 AILA conference are waiting to for something more tangible to occur before proclaiming it a real thing. Specifically, they are waiting to see if legislation pertaining to the program is introduced.
Under the US Constitution, Congress has the power to create new laws pertaining to immigration. The most likely path for legislation would be through a government spending bill such as the “Big Beautiful Bill” that was passed in the House of Representatives but has yet to be passed by the Senate.
At this point, the “Big Beautiful Bill” does not contain any language regarding the Gold Card or any changes to the EB-5 program, which is authorized through September 30, 2027.
The above article is intended for informational purposes only and is not based upon any specific set of facts. Anyone with specific questions or issues concerning EB-5 or any other immigration matter should consult an immigration attorney.
