With the 2024 U.S. Presidential election behind us, many prospective EB-5 investors are evaluating how the new political landscape may impact the EB-5 Immigrant Investor Program. While shifts in political power naturally bring questions about immigration policy, the EB-5 program is built on bipartisan support and solid legislative protections, offering resilience and continuity amid political change.

Why the EB-5 Program Stands Strong Beyond Elections

As the U.S. anticipates a likely “Republican trifecta”—with Republicans poised to control the White House, Senate, and potentially the House (pending final district results)—immigration policy will likely be a key focus. During the campaign, President-Elect Donald Trump frequently highlighted immigration and border security as central issues. Though Trump’s stance on legal immigration has varied, his background as a real estate developer uniquely connects to the EB-5 program.

The EB-5 program, which enables foreign investors to obtain U.S. residency by investing in job-creating American businesses, aligns well with Trump’s focus on economic growth. Given his familiarity with the real estate industry, he has strong relationships with many EB-5 stakeholders and his understanding of the program’s economic benefits; from a Trumpian perspective, EB-5 visa recipients exemplify the type of legal immigration that benefits the U.S.: they invest substantial funds, do not compete for American jobs, and are unlikely to rely on taxpayer-funded programs.

Despite bipartisan support, some program critics have labeled it as “selling American citizenship,” a portrayal that could influence conservative media and policy perspectives. Nevertheless, the EB-5 program has a robust history of bipartisan endorsement, facilitating billions in foreign investment and creating hundreds of thousands of jobs over three decades.

Legislative Protections Under the EB-5 Reform and Integrity Act of 2022

A key element reinforcing the stability of the EB-5 program is the EB-5 Reform and Integrity Act (RIA) of 2022. This legislation introduced significant protections for investors alongside heightened regulatory oversight to safeguard the program’s integrity and appeal. It emphasizes transparency, accountability, and investor security—qualities that strengthen EB-5’s position as a trusted pathway for foreign nationals seeking U.S. residency.

A notable feature of the RIA is its “grandfathering” provision, which ensures that once an application is submitted under current legislation, it will continue to be processed under those same rules, even if the program’s structure changes in the future. This protection provides stability and assurance for investors, especially during election cycles, as they can be confident their investments and immigration process will not be interrupted by political shifts.

Cross-Administration Support: A History of Bipartisan Endorsement

The EB-5 program has consistently received support from both Democratic and Republican administrations due to its economic benefits. During President Trump’s first term, the program continued with solid backing as his administration recognized its role in driving U.S. job creation and economic growth. Trump has emphasized his stance against illegal immigration, clarifying that he values lawful immigration that contributes to the U.S. economy—such as EB-5.

Past Democratic administrations, including Presidents Obama and Biden, have also supported the EB-5 program. The Obama administration worked to streamline processing for EB-5 applications, while the Biden administration upheld the RIA of 2022, emphasizing transparency and program integrity. Lawmakers from both parties have regularly acknowledged EB-5’s positive economic impact, helping it maintain a broad base of support regardless of which party holds power.

Maintaining this bipartisan coalition will be crucial to the program’s continued success. As a leader in the EB-5 community, EB5 Capital is dedicated to educating lawmakers and administration officials about the program’s economic contributions and alignment with American job creation goals.

Moving Forward with Confidence

The combined forces of bipartisan support, legislative protections like the RIA, and historical endorsements across different administrations underscore the EB-5 program’s resilience amid political change. With its robust foundation, EB-5 remains a reliable option for investors seeking U.S. residency and economic opportunity. Investors can feel confident that their EB-5 journey will likely proceed without disruption, benefiting from a program designed to endure election cycles and contribute to U.S. economic growth.