How does the EB-5 final rule affect the minimum investment amount for investors who filed their Form I-526 petition before Nov. 21, 2019, invested only a partial amount of capital, and are actively in the process of investing the remaining amount of capital?

These investors must meet the requirements in effect when they filed the petition—this includes the requirement to show they can meet the prior minimum investment amount of either $500,000 or $1 million by having either invested or been actively in the process of investing the required amount at the time of filing. Petitioners must show actual commitment of the required amount of capital at the time of filing but do not need to have fully contributed their capital investment to the new commercial enterprise before the effective date of the new rule—instead, they may be actively in the process of investing the minimum investment amount required under the prior rule.