Green CardJul 1, 2026·3 min read·🔥 High relevance

DHS Announces Proposed Rule to Fully Implement the EB-5 Reform and Integrity Act of 2022

Wolfsdorf Rosenthal – Blog

Jul 1, 2026

DHS Announces Proposed Rule to Fully Implement the EB-5 Reform and Integrity Act of 2022

Summary

The Department of Homeland Security (DHS (Dept. of Homeland Security)) has announced a significant proposed rule that would implement key provisions of the EB-5 Reform and Integrity Act of 2022 (RIA) and modernize the regulations governing the EB-5 Immigrant Investor Program. The proposed regulation, entitled “EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification” (RIN 1615-AC94), would amend regulations at 8 C.F.R. Although the full text of the proposal has not yet been published in the Federal Register , the rule is expected to comprehensively update USCIS (U.S. immigration agency) regulations to reflect the statutory reforms enacted by Congress in 2022. Since enactment of the RIA, USCIS has implemented many of these changes through policy guidance and new filing procedures rather than formal regulations. Although the proposal is not yet in effect, it signals DHS’s commitment to fully implementing the Reform and Integrity Act through comprehensive regulations. For investors, the regulations may provide additional clarity regarding eligibility, petition adjudications, and available protections. For Regional Centers and project developers, the proposal is expected to establish more detailed compliance standards and operational requirements while formalizing USCIS oversight and enforcement authority. Once published in the Federal Register , the proposed rule will be subject to a public comment period before any final regulation is issued. Our EB-5 team will conduct a comprehensive review of the proposed regulations upon publication and provide detailed analysis of their impact on investors, Regional Centers, developers, and immigration practitioners. This alert is based on DHS’s announcement of the proposed rulemaking.

From the source

The Department of Homeland Security (DHS) has announced a significant proposed rule that would implement key provisions of the EB-5 Reform and Integrity Act of 2022 (RIA) and modernize the regulations governing the EB-5 Immigrant Investor Program. The proposed regulation, entitled “EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification” (RIN 1615-AC94), would amend regulations at 8 C.F.R. Parts 204, 205, 216, and 235 . Although the full text of the proposal has not yet been published in the Federal Register , the rule is expected to comprehensively update USCIS regulations to reflect the statutory reforms enacted by Congress in 2022. What the Proposed Rule Is Expected to Address The EB-5 Reform and Integrity Act fundamentally reshaped the EB-5 Regional Center Program by introducing enhanced compliance requirements, greater oversight of Regional Centers, increased investor protections, and new int

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Green Card freeze unlawful: Indian-origin US judge on Trump's 75-country order

An Indian-origin US federal judge has ruled that the Donald Trump administration's policy of freezing Green Card processing for applicants from 75 countries is unlawful, while holding that the State Department exceeded its legal authority by taking away visa decision-making powers from designated consular officers. This comes even as the US Labor Department is also planning changes that could increase the cost of sponsoring foreign workers for H-1B work visa visas and employment-based Green Cards . The Immigration and Nationality Act (INA), meanwhile, which was passed in 1952, governs visas, Green Cards, citizenship, deportation proceedings, and the grounds on which foreign nationals may be denied entry or permanent residence. He wrote that the January policy freezing Green Card processing for applicants from 75 countries, gave US State Secretary Marco Rubio the power to control individual visa decisions, despite the fact that the INA Act had restricted that responsibility to consular officers who are required to evaluate each Green Card application on its own merits. Bloomberg Law reported that the ruling came in a lawsuit filed by a Brazilian national, whose Green Card Application under the EB-5 immigrant investor visa programme was put on hold because of the policy. Justice Mehta agreed, saying the policy wrongly took away consular officers' authority to independently decide visa applications by effectively deciding outcomes in advance. He also ruled that the case could be reviewed by the court because it challenged a broader State Department policy, not just an individual visa decision. As part of his order, Mehta barred the State Department from applying the public charge policy to the plantiff's application and directed officials to adjudicate his immigrant visa once a consular officer determines that the application is complete. The decision is the latest legal challenge to the administration’s immigration policies. The rules allow US immigration authorities to deny certain visa or Green Card applications if they determine an applicant is likely to rely heavily on government benefits, reflecting the administration’s broader push for stricter immigration screening.

Adding a Spouse or Child to a Principal Applicant’s Green Card Process

When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members also may qualify for LPR status as derivative beneficiaries. Both employment-based and family-preference category green card processes allow for derivative beneficiaries to be included in the principal applicant’s process. For example, if an LPR files a petition for a spouse in the second-preference family-based category, then the spouse’s eligible child can be included as a derivative on the parent’s petition. For employment-based green card cases, it is a common misconception that a spouse or child must be included in the principal’s green card process during the PERM (labor certification for green card) labor certification or Form I-140 (green card petition) immigrant petition stage. In truth, for both employment-based and family-preference category green card processes, a spouse or child can be included as a derivative beneficiary if the qualifying family relationship existed before the principal applicant obtains permanent residence. Where a derivative beneficiary can be added to a principal’s green card process, the derivative can choose whether to “accompany” and apply for a green card or immigrant visa at the same time as or within six months of the principal applicant, or to “follow-to-join” and immigrate at a later date than the principal applicant. It is important to keep in mind that even where a child is initially included as a derivative beneficiary in a parent’s green card process, the child may be at risk of aging out of the parent’s petition, unless the child is protected by the Child Status Protection Act (CSPA), as explained in the MurthyDotCom NewsBrief, Child Status Protection Act Basics, Part 1 and Part 2 . Understanding when a spouse or child can be included in a principal applicant’s green card process is essential to ensure that a family can immigrate to the U.S. as a single unit. Given the complexity of these requirements, individuals are strongly encouraged to schedule a consultation with an experienced immigration attorney to navigate the process effectively. While some aspects of immigration have changed significantly in the years since MurthyDotCom began publishing articles in 1994, much remains relevant.

DHS Announces Proposed Rule to Fully Implement the EB-5 Reform and Integrity Act of 2022

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