Many EB-5 investors have contacted us with concerns over how the recent election of Donald Trump will impact the EB-5 industry, specifically. The short answer is Trump’s election will probably have little impact on the EB-5 program. This is true for several reasons.

First, the United States government is structured to minimize the impact one individual can have on any specific policy. Our government has 3 branches that are designed to counterbalance each other (i.e., Congress, Judicial, and Executive). The President is the executive branch and it is checked and balanced by the other two branches of government. Therefore, Trump cannot generally make decisions without the consent of the other two government branches.

Second, the balance of power in Congress did not shift significantly enough for an unexpected change in EB-5 policy. Prior to last week’s election, Republicans controlled both the House of Representatives and the Senate. That remains true following the election. Most of the influential leaders that are interested in EB-5 did not change and it is therefore unlikely that there would be a massive shift in EB-5 policy that has not been discussed before the election.

Third, though Trump’s positions on many aspects of immigration policy are clear, we do not know what he thinks about EB-5. Generally, Trump has voiced significant criticism over ILLEGAL immigration. Clearly many of Trump’s concerns with illegal immigration cannot be applied to the EB-5 program because it is a legal immigration process. Furthermore, the Trump Bay Street Project received EB-5 funding, and one of his family members and chief advisors has used EB-5 capital. As such, it would be unwise to assume Trump will take a negative stance on the EB-5 program.

We will continue to provide updates regarding the status of the EB-5 program over the coming months. Please continue following us for clear, concise, and accurate information regarding the EB-5 program.