This is great news, not just for new investors interested in pursuing EB-5 as an expeditious path to permanent residency in the United States, but also for the thousands of investor families that filed prior to the RIA.

The EB-5 program was originally created by the United States Congress in 1990 as a jobs creation program that would stimulate the U.S. economy through foreign direct investments, it is administered by the United States Citizenship and Immigration Services (USCIS). The program requires that an investor make an ‘at risk’ investment that creates at least ten new American jobs.

The EB-5 program grants up to 10,000 visas a year, with certain caps that limit the number of visas that can be allocated to a single country.

Why to opt for EB-5 Visa?

The EB-5 visa is a permanent visa that allows the applicant and their families (spouse and unmarried children under 21 years of age) to receive permanent residency and requires no future re-qualification of the program, offering more advantages and fewer constraints than any other visa program in the world. The EB-5 visa has no requirements regarding age, business training, management skills, experience, or language skills.

The EB-5 Reform and Integrity Act of 2022 implemented many changes to the program that every current and prospective investor should understand:

Changes to EB-5 Regional Center Program

The Regional Center Program will be reauthorized through September 30, 2027 (5.5 years).

The legislation includes ‘grandfathering’ for all investors who have an I-526 on file, or who file their I-526 petitions prior to September 30, 2026. Those investors will be able to complete the EB-5 process, even if the regional center program were to lapse again.

The new minimum investment level will be $1.05 million, which will be reduced to $800,000 if the project is located in a qualified high-unemployment or rural area, or is an infrastructure project.

The minimum investment amount will be automatically adjusted for inflation every fifth year beginning on January 1, 2027 for the higher dollar amount, and the lower amount will be calculated at 75% of the higher amount.

New visa set-asides have been implemented: 20% of all visas will go to investors who invest in projects that qualify as rural, 10% will be reserved for high unemployment areas investments as defined under the new law, and 2% will be for infrastructure projects.

Investors that are already in the United States on another visa can now file their I-526E petition, the first step in the EB-5 process, concurrently with their I-485 for adjustment of status. This presents a great opportunity for investors already in the United States on a temporary work or student visa to remain in the country. New integrity measures are established that will protect investors by adding more reporting requirements for regional centers and their operators.

What is a Regional Center?

Most EB-5 investments are made through a Regional Center. A Regional Center is an entity designated by the USCIS (United States Citizenship and Immigration Services) to promote economic growth through EB-5 investment in a certain portion of the United States. Regional Centers identify, develop, and manage investment opportunities designed to meet the requirements of the EB-5 program.

( Author is Senior Vice President of Project Development at CMB Regional Centers)