There’s a bill currently sitting in the Senate that could change the way Americans invest.
The House of Representatives has already reviewed and approved the Incentivizing New Ventures and Economic Strength Through Capital Formation Act of 2025 (INVEST Act), passing it along to the Senate on December 11, 2025, where it is still awaiting consideration (as of the date of this publication).
While this bill is not yet law, and it’s possible the Senate could reject it or make amendments before passing it, it’s worth exploring how this bill could affect you as an investor in the coming years.
What Is the Proposed INVEST Act?
The proposed INVEST Act is a bill designed to expand access to private investments, making it easier for small businesses to raise capital and giving investors more options.
It can be viewed as an extension of the groundwork laid by the JOBS Act of 2012, which paved the way for popular modern investment models like real estate crowdfunding.
What Would the INVEST Act Do?
The bill covers a lot of ground, but generally focuses on:
- Making it easier for small businesses to raise money. By raising business crowdfunding thresholds and increasing venture capital limits, small businesses may have more options when seeking out investors.
- Reducing regulatory friction for public companies. The number of public companies listed on US stock exchanges has plummeted by roughly 40% since the 1990s, so legislators would like to reduce the requirements for IPOs (initial public offerings), eliminate unnecessary paperwork, and shift to digital delivery of disclosures as the default.
- Expanding investment offerings for 403(b) retirement plans. 403(b) plans, which serve employees of non-profits, schools, churches, and hospitals, have traditionally been limited to mutual funds and annuity investment options. The INVEST Act aims to expand offerings to be more in line with the offerings of the 401(k)s that serve employees of for-profit businesses.
- Looking for ways to protect senior investors. In a bill largely focused on deregulation, Section 204 stresses the need to increase guardrails to prevent the exploitation of investors aged 65 and older. The bill requires the formation of an SEC task force dedicated to studying the ways senior investors may be taken advantage of and actively searching for solutions to minimize the financial damage to this potentially vulnerable group.
- Broadening the definition of accredited investors. Since the SEC requires investors to be accredited to access certain investment types, changing the criteria to allow for more accredited investors could increase opportunities for both the investors and the projects they’re investing in.
Proposed Changes to the Accredited Investor Criteria Under the INVEST Act
Under current regulations, only investors who earn enough, are wealthy enough, or hold a professional license may invest in certain investments (including highly popular real estate syndication). To qualify today, you would need to meet one of these five requirements:
- Earned $200,000 or more in gross income each year for the past two years (and expect to continue to do so).
- Earn a combined $300,000 or more with your spouse, each year, for the past two years (and expect to continue to do so)
- Maintain a net worth of $1 million or more (excluding the value of your primary residence).
- Hold at least $5 million in assets as a business (or be a business entity in which all equity owners are accredited investors)
- Holding General Securities Representative (Series 7), Private Securities Offerings Representative (Series 82), or Licensed Investment Adviser Representative (Series 65) registration in good standing.
The proposed INVEST Act would allow these figures to adjust for inflation, but it would also create a new path to becoming an accredited investor: passing a knowledge exam.
The idea is that you don’t have to hold a certain amount of income or wealth or be a licensed professional to know enough about investing to access more sophisticated investment models. By demonstrating your knowledge through an SEC-administered exam, you could qualify as an accredited investor if the INVEST Act passes the Senate in its current form.
Empowering Investors to Take Control of Their Financial Futures
At Gatsby Investment, we believe in balancing investor protections with investor empowerment. The more you know about investing, the better prepared you are to make good decisions and earn your financial freedom.
We freely share resources through our Educational Library and free investment videos. We also offer industry updates and behind-the-scenes looks at our investment strategies through the Gatsby Blog.
If you already qualify as an accredited investor, we warmly invite you to explore our real estate syndication investment opportunities. And if you don’t yet qualify, we encourage you to browse our resources, which can help you build your net worth and increase your knowledge.
Whether the INVEST Act passes in its current form, gets amended, or even gets rejected, Gatsby will continue to support and empower all investors through high-quality investment offerings and freely accessible financial information.