Second Wind EB-5

The U.S. Expands Entry Restrictions for Foreign Nationals

The Trump administration has updated U.S. visa and entry restrictions. Effective January 1, 2026, entry to the United States will be fully or partially restricted for nationals of 39 countries, up from 19 previously.

🔴 Full entry bans now apply to nationals of 20 countries, including Syria, Iran, Afghanistan, Yemen, Libya, Sudan, Somalia, as well as Burkina Faso, Mali, Niger, South Sudan, Laos, and Sierra Leone. The ban also applies to individuals traveling on documents issued by the Palestinian Authority.

🟠 Partial restrictions affect nationals of an additional 19 countries, primarily limiting entry under common visa categories such as B (visitor), F (student), M (vocational), J (exchange), and certain immigrant visas, with limited exceptions.

🟡 Exemptions are предусмотрены for:
Individuals traveling on a second passport from a non-restricted country
Holders of diplomatic visas, as well as UN and NATO visas
Certain special categories (including athletes and other narrowly defined groups)

ℹ️ Turkmenistan has seen a partial easing of restrictions: entry under nonimmigrant visas is now permitted, while immigrant visa restrictions remain in place.

📌 Full country-specific details and legal scope of the restrictions are published on the White House website:
👉 https://www.whitehouse.gov/presidential-actions/2025/12/restricting-and-limiting-the-entry-of-foreign-nationals-to-protect-the-security-of-the-united-states/

⚠️ Important: EB-5 Fees Temporarily Reduced by Court Order

On November 12, 2025, the U.S. District Court for the District of Colorado issued a decision that halts the EB-5 fee increases that took effect in April 2024.

As a result, USCIS is now required to accept the previous, lower fees that were in place before March 31, 2024. USCIS disagrees with the ruling but has already begun implementing it.

📝 Why the Court Made This Decision

The court found that the Department of Homeland Security violated requirements of the Reform and Integrity Act (RIA) of 2022, which mandates that any EB-5 fee increases must be supported by a specific EB-5-related fee analysis designed to improve petition processing times.

However, the 2024 EB-5 fee hike was introduced as part of a broad, agency-wide USCIS fee adjustment, without the separate EB-5-specific analysis required under RIA 2022.

💵 Updated Lower EB-5 Fees for Investors (Effective Now)

- I-526 / I-526E (initial EB-5 petition): $3,675
(previously $11,160)
- I-829 (petition to remove conditions): $3,750
(previously $9,525)

This means EB-5 investors save over $13,000 across the two main stages of the process.

Temporary Nature of the Fee Reduction

It is important to understand that this reduction is temporary. USCIS has already completed the EB-5-specific fee analysis required by RIA 2022, and new fee levels are already moving through the approval process. Once finalized, EB-5 fees may rise again.

Learn more: https://www.uscis.gov/newsroom/alerts/court-order-on-partial-stay-of-dhs-2024-uscis-fee-rule

📌 Trump Signs Executive Order on “Gold Card”

On September 19, 2025, President Trump signed an executive order creating the Gold Card program.

Key details:

- Individuals may contribute$1 million to the U.S. Department of Commerce; corporations may sponsor employees for$2 million each.

- These contributions will be treated as evidence of eligibility for EB-1A (extraordinary ability), EB-2 NIW (national interest waiver), and related immigrant categories.

- The funds will be deposited into a separate Treasury account to promote U.S. commerce and industry.

- The Departments of Commerce, State, and Homeland Security have 90 days (until December 18, 2025) to implement the program.

- The order also mentions the possibility of expanding the Gold Card framework to EB-5 visa applicants in the future.

This raises important questions for EB-5 investors. While the EB-5 program remains the only established path to a U.S. Green Card through job-creating investment, the Gold Card could emerge as a parallel track, albeit with very different rules and objectives.

It’s worth noting that since February, Trump and his administration had spoken of a “Gold Card” priced at US$5 million, and later claimed that 1000 such cards had already been sold. At that time, however, no legal basis existed for these announcements. Now, with this executive order, the first formal step has been taken.

➡️ We will be following how this new program develops, especially its potential overlap with EB-5.

https://www.whitehouse.gov/presidential-actions/2025/09/the-gold-card/