As immigration policy conversations intensify in the U.S., Henley & Partner recently hosted a timely and illuminating webinar focused on the U.S. EB-5 Immigrant Investor Program. The session, titled “Navigating the U.S. EB-5 Program in Uncertain Times” featured three experts on the front lines of EB-5 immigration: Shalu Hasarram, Program Director for EB-5 at Henley & Partners; Jessica Ng, Vice President of Business Development at CanAm Enterprises; and George Ganey, immigration attorney and founding partner of Ganey Law Group.
Together, the speakers broke down key developments in the EB-5 program, addressed concerns around student visas and Trump’s proposed “Gold Card,” and offered guidance for families considering EB-5 as a strategic path to U.S. permanent residence.
Education and Certainty Drive EB-5 Demand in Asia
Opening the session, Shalu Hasarram highlighted a growing trend among her clients across Asia: using the EB-5 program not just as a path to U.S. permanent residency, but as a strategic tool for securing their children’s education and future.
With increasing uncertainty surrounding student visas—including policy changes that threaten to eliminate the “duration of status” designation and restrict work options post-graduation—parents are turning to EB-5 as a more stable alternative. Shalu pointed out that the U.S. remains the top destination for higher education among her clients, and EB-5 offers a legal pathway that grants children the ability to study, work, and intern in the U.S. without relying on temporary visas or sponsorships.
A notable insight: minors can be principal EB-5 applicants. Shalu has already filed successful petitions for children as young as 12 or 13, positioning them for long-term security and opportunity.
EB-5 vs. Trump’s “Gold Card”: Reality vs. Rhetoric
Both Jessica Ng and George Ganey addressed recent buzz around the so-called “Trump Gold Card”—a proposed $5 million donation-based path to U.S. citizenship that remains speculative and legally unsubstantiated. Jessica highlighted the stark contrast in investment requirements: EB-5’s $800,000 minimum investment (into job-creating U.S. commercial projects) stands in sharp contrast to the Gold Card’s rumored $5 million price tag—without any clear legislative or regulatory path.
George emphasized the legal barriers to the Gold Card’s implementation. Most notably, its promise of global tax exemption is virtually impossible to enact without Congressional legislation. By contrast, EB-5 is real, tested, and fully authorized under federal law through 2027, with grandfathering protections in place for investors who file before September 30, 2026.
A Surge in Demand—And the Risk of Backlogs
Jessica Ng confirmed a surge in EB-5 demand across Southeast Asia, particularly among Indian and Chinese-born investors who are taking advantage of the new visa set-aside categories introduced under the 2022 EB-5 Reform and Integrity Act. These categories—rural, high-unemployment, and infrastructure—have their own visa allocations and processing queues.
Rural projects, in particular, offer the biggest advantage. Not only do they qualify for reserved visas, but they also benefit from priority processing. For investors from backlogged countries like India and China, this is a rare opportunity to “get ahead of the line.” Jessica warned that retrogression in these categories could come as soon as late 2025 or early 2026. Her message: the time to act is now.
Shalu reinforced that message, noting that many families mistakenly believe they have time until 2027. “Once backlogs start, the queue gets long fast—and it’s hard to catch up,” she cautioned.
CanAm’s Industry-Leading Track Record
Jessica Ng also gave attendees a comprehensive overview of CanAm Enterprises and their approach to structuring EB-5 investments. CanAm has facilitated more than $3.7 billion in EB-5 capital investments across 75 projects and returned more than $2.5 billion to investors—making them the most successful regional center in the EB-5 industry by repayment volume.
Importantly, all of CanAm’s USCIS-submitted projects have been approved, and every investment is structured as a loan to a commercial development project. This model offers defined terms and a clear repayment path. Jessica was candid about risk: “There’s always risk in commercial investing, but we take a conservative approach focused on two goals—obtaining the green card and preserving capital.”
Jessica also highlighted CanAm’s recent successful projects, including a Four Seasons resort in Telluride, Colorado, and a fiber broadband rollout targeting underserved U.S. communities. These real-world examples illustrated the diversity and quality of CanAm’s project pipeline.
The Legal Landscape: Student Visa Changes and Concurrent Filing
Attorney George Ganey brought critical legal perspective to the discussion. While much of the media attention has focused on social media screenings and headline revocations of student visas, George emphasized the more consequential behind-the-scenes regulatory shifts—especially the likely end of “duration of status” for F-1 student visa holders.
Other proposed policy changes include:
- Restrictions on Optional Practical Training (OPT) and Day 1 CPT.
- Tougher scrutiny of H-1B applications favoring higher salaries.
- Continued digital surveillance and social media vetting for students.
“Being an international student in the U.S. is getting harder, not easier,” George said. “That’s why many families are looking at EB-5 as a more secure and predictable path.”
He also explained how EB-5 investors already in the U.S. (e.g., on F-1 or H-1B visas) can benefit from concurrent filing. This allows applicants to submit both their I-526E petition and I-485 adjustment of status forms simultaneously. The result: applicants can live, work, and travel freely in the U.S. while awaiting green card approval—often for several years.
What Makes a Qualifying EB-5 Project?
When it comes to selecting an EB-5 project, George reiterated the importance of working with reputable regional centers like CanAm. The regional center model allows for indirect job creation, which is verified through economic modeling, rather than direct hiring. This is critical because it enables passive investing—ideal for parents or students who don’t want to operate a business in the U.S.
George also offered clarity on a common investor question: how and when will my investment be returned? While EB-5 regulations require that funds remain “at risk” for a minimum of two years, the typical loan term for CanAm’s projects is four to six years. Returns are modest (often between 0.25% and 1% per annum), but the real return is the green card and the future it unlocks.
The Takeaway: EB-5 Is a Rare Window of Opportunity—But It Won’t Stay Open Forever
Throughout the session, the message was clear: the EB-5 program, reformed and reauthorized through 2027, offers an unparalleled path to U.S. permanent residency for global investors. With concurrent filing benefits, strong project sponsors like CanAm, and a looming backlog on the horizon, now is a pivotal moment for families to act.
Shalu closed the session with a reminder: “Parents can take comfort in knowing EB-5 is legislated, established, and reliable. With smart planning, even U.S. tax exposure can be optimized.”
For families navigating the challenges of international education, shifting U.S. immigration policy, and long-term legacy planning, EB-5 remains a compelling and increasingly time-sensitive solution.
