7 Reasons EB-5 Could Be Better Under Trump

Donald J. Trump has been elected the 47th president of the United States. Not only did he win the electoral college, but he won the popular vote and carried the Republican Party to majorities in the U.S. Senate and House of Representatives. In American politics, this kind of win is rare. Only one other president has served two non-consecutive terms. And a Republican presidential candidate has not won the popular vote since 2004.

Trump and those around him see this victory as a clear sign that the American people want real change. In his victory speech, Trump said, “This will truly be the golden age of America.” He went on to claim that “America has given us an unprecedented and powerful mandate.”

JD Vance, Trump’s vice-presidential running mate, agreed. He called their victory “the greatest political comeback in American History” and said that they would “lead the greatest economic comeback in American history.”

The economy played a big role in this election. Based on the election results, a majority of voters see Trump as the person to fix the U.S. economy. A strong American economy is good not only for America, but it benefits the rest of the world, too. As the saying goes, “a rising tide lifts all boats.”

Only time will tell whether Trump’s policies and leadership will improve the economy, but we see reasons to be optimistic. As a result, we believe now is a great time to make an EB-5 investment.

In this article, we will look at how Trump’s presidency might affect the EB-5 program. We see seven main reasons to expect the EB-5 program to do better than ever during Trump’s second term. These seven reasons stem from the EB-5 visa’s advantages over other visa options, Trump’s policy plans, and the people he is surrounding himself with.

Reason #1: Under Trump, the EB-5 Visa Will Likely Continue to Hold Advantages Over Other Visa Options

Under Trump’s second term, EB-5 is likely to remain the best option for qualifying investors. We expect this to be the case even if Trump’s policies were to have some negative impacts on immigration.

F-1 student visas and H-1B work visas, for example, pose a number of structural challenges for those who wish to live and work in the United States. These challenges, which we will examine below, are built into these other visa programs but are not present in the EB-5 program.

While Trump’s policies may impact immigration, we do not expect Trump to make changes to how the EB-5 program itself works. This means the EB-5 program will continue to be better than the other options.

Challenges With Other Visa Options

Students in the United States on F-1 visas who want to extend their stay in the country on a long-term basis face serious scrutiny, as one of the key requirements of the F-1 visa is maintaining an intent to depart the U.S. Some expect this scrutiny to increase during Trump’s second term, which may make it harder for applicants to obtain F-1 visas or extensions after they graduate.

For the H-1B visa, demand is far higher than the annual supply. A lottery is in place that randomly selects applications, which makes this visa category unpredictable. Also, H-1B visas depend on employer sponsorship. If employers cut jobs, H-1B workers may have to return to their home countries. This recently happened with massive tech layoffs in 2023. Layoffs also make the process to obtain I-140 approvals more difficult as the PERM process for foreign nationals must be halted when a company endures layoffs. This, in turn, can affect foreign nationals’ ability to remain in the U.S. on H-1B status beyond the first six-year limit.

While the new Trump administration may address some of the issues with H-1B, EB-5 will likely still be an easier, more straightforward, faster path to immigration for those who can afford it.

Advantages of EB-5 That Are Likely to Remain Under Trump

EB-5 Visa Availability Is More Predictable Than H-1B

EB-5 visas are currently available for investors from most countries. Even for investors from countries with high EB-5 demand, such as India and China, set-aside visas are available.

While the H-1B lottery system is random, EB-5 visas are processed and approved in a more straightforward way. When an EB-5 investor’s immigrant petition is approved, an EB-5 visa will be issued as long as one is available. Standard EB-5 visas are available for investors from all countries except Mainland China and India. Set-aside EB-5 visas are currently available for all investors who invest in rural or high-unemployment projects.

Because of how EB-5 visa availability is determined, and because it is clearly published each month in the Visa Bulletin, EB-5 enjoys a level of predictability that is not true of H-1B. Without a major shift in how H-1B works, H-1B applicants will continue to face a high degree of uncertainty.

While Trump may pursue changes to the H-1B program, it is difficult to imagine changes that would make the H-1B visa a better option than EB-5 for most immigrants.

The EB-5 Visa Offers Freedoms to Work Not Allowed With F-1 and H-1B Visas

Both F-1 and H-1B visas carry significant work restrictions.

Except for limited instances of on-campus work, F-1 students have limited options for work—and they must receive authorization from USCIS before starting.

Meanwhile, H-1B workers are restricted to working only for their sponsor employers. If an H-1B worker wants to change jobs, the new employer must submit a new H-1B petition, which can take time to process. In addition, H-1B workers received the most heightened scrutiny under the previous Trump administration. Even during the Biden administration, sweeping changes were made to the lottery system for H-1B workers, and Trump will likely look to reform the program further to protect U.S. workers.

The EB-5 visa, by contrast, places no restrictions on work. Once EB-5 investors obtain employment authorization, they can work anywhere and for anyone.

Trump’s presidency may not have much of an impact on how work authorization is treated under these visa options. But if his policies do have an impact, we expect stricter rules and more scrutiny of non-immigrant workers, which would not be applied to those with Green Cards. This means EB-5 will continue to be the best option for immigrants who want employment flexibility.

The EB-5 Visa Offers the Freedom to Travel While F-1 and H-1B Visas Add Complexity

Under F-1 and H-1B visas, traveling abroad can be complicated. F-1 students, for example, must have stamped visas and updated travel documents from their school. Other restrictions apply, and those who travel under F-1 or H-1B status should speak with their legal advisors to avoid problems reentering the United States.

Under the EB-5 visa program, however, investors with advance parole travel documents or Green Cards can travel freely without restrictions.

Trump’s presidency is expected to have no impact on how these visa options treat travel. This makes the EB-5 visa better than the others for immigrants who want the freedom to travel outside the United States.

EB-5 Offers a Straightforward Path to Immigration

The F-1 student visa is not an immigrant visa. One of the requirements of the F-1 visa is that the foreign student will return to their country of residence. Even so, many who come to the United States on the F-1 visa would like to remain, and many seek legal immigration options.

The H-1B visa, on the other hand, is considered a dual-intent visa, which means that while H-1B workers are in the United States on a temporary basis, they are free to pursue legal immigration if eligible.

Trying to immigrate under F-1 or H-1B status, however, presents challenges that simply do not exist for EB-5 investors. The EB-5 visa is an immigrant visa. When EB-5 investors file their initial Form I-526E petitions, they are applying for permanent resident status. In other words, they are declaring an intent to immigrate permanently and have taken the first steps in that process.

Of these options, EB-5 is the clearest path to immigration, as well as the fastest. This is unlikely to change under Trump.

EB-5 Offers Concurrent Filing for Those Already in the United States

EB-5 allows investors who are already in the United States under other valid statuses, like F-1 or H-1B, to adjust to permanent resident status once they have filed their EB-5 petitions. This is commonly known as concurrent filing, and it makes the EB-5 process much smoother for eligible investors.

Since this option was introduced under the EB-5 Reform and Integrity Act of 2022 (RIA), it is unlikely to be changed by Trump.

Reason #2: Trump’s Economic Policies Are Pro-Growth and Pro-Business

The U.S. economy was by far the number one issue of the 2024 election.

During his campaign, then-candidate Trump promised he would revive the U.S. economy and run a pro-business administration. He plans to accomplish this in several ways. First, he said he will remove obstacles and red tape through deregulation. Second, he wants to let businesses keep more of their revenues by reducing taxes. Finally, he plans to bring down the cost of energy through robust domestic production.

What Are Trump’s Economic Priorities?

Deregulation

During his first administration, Trump aimed to remove two regulations for every new one. He saw significant success in meeting this goal.

Trump plans to go further in his second term. During a campaign speech at the New York Economic Club, Trump said he would “launch a historic campaign to liberate our economy from crippling regulation” by getting rid of “a minimum of 10 old regulations for every one new regulation.” He argued that his plan would lower prices and save American families thousands of dollars each year.

Trump is betting on U.S. business and innovation. With less regulatory burden, businesses can invest, innovate, and grow more easily. A policy that gets the government out of the way of business tends to result in wage growth, job creation, stock market gains, and less inflation. But these positive impacts are not automatic, and it will take time to see whether Trump’s deregulatory plan will have its intended effect.

Tax Cuts

As he did in his first term, Trump intends to once again cut taxes. His policy approach is to both extend tax cuts from his first term and expand upon them.

One of Trump’s major accomplishments during his first term in office was the 2017 Tax Cuts and Jobs Act (TCJA). Parts of the TCJA are set to expire, but Trump plans to work with Congress at the beginning of his second term to extend many of these changes.

Beyond extending portions of the TCJA, Trump plans to further reduce the corporate tax rate to as low as 15%. Specifically, he wants to reduce taxes for businesses that make products in America.

Trump has argued that cutting the corporate tax rate for U.S. companies will boost American business growth. But companies do not always reinvest money saved due to lower taxes. In any case, Trump has claimed that lower tax rates, coupled with tariffs and other policies, will promote domestic manufacturing, which would mean new good-paying jobs for U.S. workers.

Trump’s tariff policy is particularly controversial. Tariffs tend to raise prices—at least in the near term. However, Trump’s pick for Treasury Secretary, hedge fund manager Scott Bessent, said that tariffs should be “layered in” and are a useful foreign-policy tool. He seems to think of tariffs as a form of leverage. It remains to be seen whether Trump pursues tariffs, and if he does, what impact they will have on the U.S. economy.

Even so, many are optimistic that Trump’s planned tax cuts and related policies will spur economic growth.

Domestic Energy Production

Over the past four years, energy prices have soared. For example, average gasoline prices were $2.39 per gallon at the end of Trump’s first term. Under the Biden administration, gas prices reached a high of about $5.01 on June 14, 2022, and remained at around $3.10 leading into the 2024 election.

Trump plans to bring prices down by promoting domestic oil and gas. What might this look like in practice? Treasury Secretary nominee Scott Bessent has advocated for a growth in U.S. oil production that adds 3 million barrels of oil to daily output. For context, U.S. oil production in 2023 was 12.9 million barrels per day. An added 3 million barrels represents an increase in output of about 23%.

Through policies that boost oil and gas production in the United States, Trump hopes to lower the cost of transportation, electricity, and heating and cooling. Since these costs impact the economy at every level, lowering them could reduce inflation across all sectors of the U.S. economy.

That said, foreign production does have an influence on oil and gas prices. While Trump’s domestic energy policies are expected to lower prices, it is impossible to estimate how big the impact will be, both on the cost of energy and the economy as a whole.

How Do Trump’s Economic Policies Impact EB-5 Investors?

More High-Quality EB-5 Projects

One of the biggest impacts of a growing economy is more choice for EB-5 investors. More development means more projects looking for capital. As a result, the number of EB-5 projects is likely to grow. And if there are more EB-5 projects, competition for EB-5 investment will be greater. Greater competition, in turn, is likely to result in higher-quality options for EB-5 investors.

Lower Interest Rates

Another potential effect of Trump’s policies is lower interest rates. When inflation comes down and the economy starts to grow, interest rates tend to come down. But if inflation does not come down—for instance, due to tariffs—interest rates may not move, or they could even go up.

If Trump’s policies reduce inflation and lower interest rates, EB-5 investors could benefit. For example, if an EB-5 investor needs to borrow money to make his or her EB-5 investment, a lower interest rate makes this easier. Similarly, if an EB-5 investor needs to sell a house or other asset to fund his or her investment, lower rates make it easier for a buyer to purchase the property and, thus, for the investor to get the funds he or she needs.

Reason #3: Trump Supports Legal Immigration

Next to the economy, the second most important issue of the election was immigration. While the record-breaking number of encounters at the U.S. southern border tends to get all the media attention, Trump has voiced strong support for legal immigration.

Trump’s Entrepreneurial View of Immigration

In a recent interview with Trump, Washington Post columnist Marc Thiessen asked whether Trump was a strong supporter of legal immigration. Trump responded, “I am,” adding that “we need people.”

Thiessen has argued that Trump has “an entrepreneurial view of immigration” that “is true to his roots.” Trump’s grandfather and father were German immigrant entrepreneurs. His mother was a Scottish immigrant who came to the United States to work.

Not only does Trump say he supports legal immigration, but he seems to have a soft spot for immigrant entrepreneurs like his father and grandfather. And combined with a background in real estate, Trump may prove to be one of the most EB-5-friendly presidents since the start of the program.

How Might Trump’s Policies on Illegal Immigration Impact the EB-5 Program?

During his first term, Trump did not take any direct actions in support of or against the EB-5 program. But some of Trump’s actions did affect legal immigration.

When he was first elected in 2016, ISIS was growing, and terrorism was on the rise. This context had a big impact on Trump’s immigration policy during his first term. In particular, he implemented travel restrictions from certain nations in an effort to prevent people with connections to terrorist groups, or who could not be vetted, from entering the United States. The increased scrutiny that these policies brought about may have resulted in slower immigrant petition processing.

If Trump’s positions on vetting those who come into the United States, whether legally or illegally, have changed in any way since his first term, they have become stronger. While this will not likely have a direct impact on legal immigration, such as EB-5, it could result in a shift in focus. Processing legal immigrant petitions may, for a time, take a back seat to securing the border and enforcing immigration law.

Since EB-5 is funded through fees, however, and is required under the RIA to meet certain processing standards, impacts to EB-5 investors may be minor.

Reason #4: Congress and the RIA Stand in the Way of Drastic, Negative Change

The EB-5 program has enjoyed bipartisan support in Congress. The RIA, for example, is a bipartisan bill that contains explicit requirements. Trump is not likely to ignore these requirements. If he were to ignore them, we expect he would face strong backlash from Congress. As a result, we doubt that Trump will try to circumvent the requirements of the RIA, such as priority processing and visa set-asides.

For any significant changes to the EB-5 program, Congress would have to pass new legislation. While anything is possible, such a scenario is unlikely. Most of the issues that led to the RIA being enacted were addressed by the RIA. And since this bill was bipartisan, it is unlikely that the recent election will affect Congress’s view of the program.

Even if he wanted to—and there is no clear evidence he does—what Trump can do to change the EB-5 program is limited. During his first term, Trump’s policies appear to have had little impact on EB-5 directly. And as of right now, it appears his second term is unlikely to have a direct negative effect on EB-5.

As EB-5 immigration attorney Carolyn Lee recently said with regard to Trump’s second term, EB-5 is “going to be as difficult as it ever was, and perhaps not more so.” Put simply, we do not expect to see any major negative consequences for the EB-5 program as a result of the 2024 election cycle.

Reason #5: Trump Is a Business Mogul Focused on Competency and Efficiency

Before Trump became a politician, he had long been a fixture of American culture.

For years, Trump has been recognized as a successful real estate developer. He has built an iconic brand that symbolizes wealth, luxury, and ambition. He hosted the hit TV show The Apprentice, is the best-selling author of The Art of the Deal, and became a household cultural icon with cameos in Home Alone 2: Lost in New York and The Fresh Prince of Bel-Air.

How Might Trump Make the U.S. Government More Competent and Efficient?

Trump has not risen to the heights of success and celebrity through incompetence and inefficiency. Though some of his staff picks may be controversial, it is hard to dispute that Trump tends to surround himself with competent people who know how to get work done on time and on budget.

As President-elect Trump staffs his incoming administration, he has, for the most part, been choosing people with proven records of success in their fields. This is perhaps most true of the new, non-governmental “Department of Government Efficiency,” or “DOGE,” led by Elon Musk and Vivek Ramaswamy. Musk is the richest man in the world and the leader of SpaceX, Tesla, X, and more. Ramaswamy is a successful entrepreneur and graduate of Harvard and Yale Law School.

Trump has not even been inaugurated, and already DOGE has identified hundreds of billions of dollars that are missing or are going toward expired programs. In a recent Wall Street Journal op-ed, Musk and Ramaswamy explained that DOGE will seek to determine the “minimum number of employees required at an agency for it to perform its constitutionally permissible and statutorily mandated functions.” Their goal is to cut waste and ensure that the U.S. government is run competently and efficiently.

The efforts of DOGE could result in a realignment in the U.S. government, setting a higher standard for federal employees. A fresh workplace culture based on merit and effectiveness would likely root out any complacency, and the most qualified people would rise to the top.

How Might Trump’s Focus on Competency and Efficiency Impact the EB-5 Program?

EB-5 petition processing times depend largely on the efficiency of USCIS adjudicators. Improvements to the staffing, processes, and standards at USCIS could have an immediate, positive impact on EB-5 investors. But change can be disruptive. Advancements in technology, training, and human resources take time to be put in place.

The effect of regulatory reform plus a focus on efficiency and competency could result in more clarity and certainty for the EB-5 program. For instance, USCIS has still not issued guidance on parts of the RIA. Perhaps under the new administration, USCIS will address these issues.

Also, in an effort to guard against fraud and ensure investors are admissible, the Trump administration may direct USCIS to increase its scrutiny of EB-5 petitions. This could result in more requests for evidence (RFEs) or notices of intent to deny (NOIDs) for EB-5 investors and projects. Processing times for some EB-5 investors could go up.

If the Trump administration were to employ more careful vetting procedures, the change would not necessarily be bad. It may force the industry to be more transparent and offer better projects with higher-quality documents. If Trump’s policies bring about any such changes, the EB-5 industry would simply have to adjust.

Note, however, that if an EB-5 investor is clearly admissible, and a project is 100% compliant with the program, the investor should have no problems obtaining approval.

Reason #6: Trump Has Connections to and Likely Is Familiar With the EB-5 Program

Does Trump Know About the EB-5 Program?

To our knowledge, Trump has not publicly spoken about the EB-5 program. While immigration was a major issue of his campaign, the primary focus was on addressing illegal immigration. During his first term, Trump renewed the EB-5 program, but only as part of spending bills.

But Trump likely is aware of the EB-5 program. As a major real estate developer, he has probably been approached about using EB-5 funds for development projects.

Even if Trump has not sought EB-5 capital for any of his projects, his son-in-law has, and others in Trump’s circle have also sought EB-5 funding for real estate development. As a result, it is highly probable that Trump is familiar with the EB-5 program, at least on a basic level.

How Might Trump’s Real Estate Background and Connections to EB-5 Impact the Program?

Trump has made investing in the U.S. economy a cornerstone of his platform. It seems unlikely that he would be against foreign investments from lawful sources. Trump is for legal immigration. As mentioned earlier, he is particularly warm toward immigrant entrepreneurs. And Trump is clearly interested in real estate investment. In essence, his background would seem to be favorable to EB-5.

Furthermore, some of the people with whom Trump is surrounding himself are also for legal immigration. In a post on X, Elon Musk suggested that the current immigration system makes it hard for talented, hard-working people to immigrate legally. He said that Trump and DOGE will fix that system.

If Trump and Musk deliver on this promise—and that is not guaranteed to happen—immigration through the EB-5 visa could become easier.

Reason #7: Trump Plans to Prioritize American Interests

Trump’s slogan, “Make America Great Again,” is a call to place American interests first. He plans to focus his policy-making and legislative agenda on helping America and its people.

As discussed above, Trump intends to build up the U.S. economy. He wants to secure the U.S. border to promote safety and ensure Americans are not competing with illegal immigrant workers. And he plans to expand and enhance the U.S. military to achieve peace through strength.

EB-5 Immigration Fits Trump’s “America First” Policy

The EB-5 program aligns well with Trump’s “America First” policy. The EB-5 program is about building America up through foreign investment. EB-5 funding creates jobs for U.S. workers and brings investment into the areas that need the most help. As we have discussed, Trump is supportive of legal immigration—and the EB-5 program is perhaps the immigration program most aligned with the “MAGA” philosophy.

How Might Trump’s “America First” Policy Negatively Impact the EB-5 Program?

Putting American interests first may have some adverse effects on the EB-5 program.

Reallocation of Resources

Trump may shift resources toward vetting those who enter the United States, enforcement of immigration law, and fraud prevention. This could impact processing times for some EB-5 investors. Again, since the EB-5 program is funded by fees, such impacts may be minor.

Tense U.S.–China Relations

An “America First” foreign policy may have implications for U.S.–China relations. If America becomes more adversarial toward China under Trump, such a change could, in some ways, affect EB-5 investors from Mainland China.

And if investors think such a change is likely, it may cause a surge in EB-5 demand from China. A surge in demand would mean more visa retrogression and delays for Chinese EB-5 investors.

How Might Trump’s “America First” Policy Benefit EB-5 Investors?

While Trump’s policies may have some adverse effects on EB-5 investors, an “America First” policy could benefit EB-5 investors in a number of ways.

A Strong, Growing U.S. Economy

Prioritizing America is largely about pursuing policies that help the U.S. economy recover and grow. The EB-5 program is all about investing in U.S. growth and job creation, which means EB-5 has a part to play in U.S. economic recovery.

And as mentioned above, a strong economy means more and better EB-5 project options. It also means easier access to financing, which can help EB-5 investors get started.

In sum, a renewed focus on the U.S. economy is good news for EB-5 investors.

A Safe, Prosperous Place to Live and Work

Generally, when the United States puts its own interests first, the country becomes a more appealing place for immigrants. A strong and prosperous America is where EB-5 investors want to live and work.

EB-5 investors benefit when America has more and better jobs, safer communities, and a strong national defense.

Under Trump, the Future of EB-5 Could Be Better Than Ever

While Trump can be a polarizing figure, and some may see him as unpredictable, we believe the seven reasons given above offer some hope that EB-5 could be better than ever under Trump’s second term. Trump says he wants to “Make America Great Again,” and we believe the EB-5 program could have a role to play in this effort.

Now is as exciting a time as ever to invest in an EB-5 project. At EB5AN, we offer several best-in-class EB-5 projects and maintain a 100% regional center project approval rate with USCIS. In our 10+ years of experience, we have helped more than 2,300 families from more than 60 countries relocate to the United States as permanent residents.

To learn more about how we can help you on your EB-5 journey, and to have your questions about EB-5 answered, please schedule a call today.