Ten Things to Learn from the New EB-5 Immigrant Visa Proposal
Wolfsdorf Rosenthal – Blog
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The Department of Homeland Security (DHS (Dept. of Homeland Security)) has published a proposed rule implementing and codifying many provisions of the EB-5 Reform and Integrity Act of 2022 (RIA). DHS will accept public comments for 60 days following publication in the Federal Register on July 2, 2026. 1. DHS Proposes a New $1.4 Million Investment Threshold for High Employment Areas One of the proposal’s most significant changes is the creation of a new investment category for High Employment Areas (HEAs). This represents the first time DHS has formally defined High Employment Areas as a separate investment category. The proposed regulation defines a High Employment Area as an area where the national average unemployment rate is at least 150% of the unemployment rate in the investment area. Business Plans Will Face More Defined Standards The regulation would codify existing precedent requiring comprehensive business plans to include detailed information regarding: Regional Centers should expect continued scrutiny of project documentation supporting job creation. 6. The proposal would also require that invested funds remain available to the job-creating entity at the time the immigrant petition is filed. 7. Biometrics Become Part of the EB-5 Process The proposed regulation expressly authorizes USCIS (U.S. immigration agency) to collect biometrics during adjudication of EB-5 immigrant petitions. Although USCIS increasingly requires biometrics across many immigration benefit requests, the proposal formally incorporates this authority into the EB-5 regulatory framework. 10. Priority Date Retention Receives Important Clarification The proposal provides welcome guidance regarding priority date retention.
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The Department of Homeland Security (DHS) has published a proposed rule implementing and codifying many provisions of the EB-5 Reform and Integrity Act of 2022 (RIA). While many of the changes have already been in effect since the RIA was enacted, the proposal provides important regulatory guidance, introduces several new definitions, and proposes a significant increase in the investment threshold for certain projects. DHS will accept public comments for 60 days following publication in the Federal Register on July 2, 2026. Ten Things to Learn from the New EB-5 Immigrant Visa Proposal 1. The Rule Mostly Codifies Existing RIA Requirements The proposal largely formalizes statutory changes enacted under the EB-5 Reform and Integrity Act of 2022, including enhanced integrity measures, Regional Center oversight, investor protections, audits, and compliance requirements. Many of these provisions have already been implemented in practice since March 2022. 2. DHS Proposes a New $1.4 Million In
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