EB-5 Reform and Integrity Act effective from March 15 2022 makes dramatic and sweeping changes that rewrite many aspects of the EB-5 Program rules governing both Direct and Regional Center (RC) investments. Some major changes include:

  1. Reauthorizes and extends the RC Program to September 30, 2027.
  2. Increases the minimum investment amount for Targeted Employment Areas (TEAs) from $500,000 to $800,000.
  3. Increases the standard (non-TEA) minimum investment amount from $1 million to $1,050,000.
  4. High unemployment TEAs are now determined only by USCIS (no State letters).
  5. Grandfathering Protections – maintains eligibility of all pre-enactment investors, as of when they filed their I-526, for both I-526 and I-829 processing.
  6. Authorizes Concurrent I-485 Adjustment of Status filings for pending and approved I-526 Petitions and provides 245(k) protections.
  7. Creates new visa set asides for certain types of projects (rural / high unemployment /infrastructure).
  8. Establishes new reporting and disclosure requirements by RCs to both USCIS and sponsored investors.
  9. Requires promoters and overseas agents to register with USCIS and report fees collected from RCs and sponsored investors.
  10. RCs pay an annual “EB-5 Integrity Fund” fee to be used by USCIS to fund investigations and site visits of regional center operators, new commercial enterprises (NCEs) and job creating entities (JCEs).

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