DHS has published a comprehensive proposed rule to implement the EB-5 Reform and Integrity Act of 2022. The rule will substantially reform and add significant integrity provisions to the employment-based, fifth preference (EB-5) visa category for alien investors and the associated Regional Center Program. The notice includes a 60-day public comment period and signals the Agency’s intent to codify reforms that have been implemented through ad-hoc guidance since the statute’s enactment in March 2022.
What changed
This proposed rule would implement the EB-5 Reform and Integrity Act of 2022 (RIA), which the President signed on March 15, 2022. 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.
The proposed regulation would amend regulations governing EB-5 petitions, conditional permanent residence, regional center oversight, and petition revocations. The draft regulations include several measures intended to strengthen monitoring and reduce the risk of fraud: mandatory biometric collection for applicants; enhanced compliance requirements for regional centres; more frequent audits and site inspections; stronger government oversight of regional centre operations; and procedures for automatic revocation of certain investor petitions in situations specified under the law.
Key areas expected to be addressed include:
- Regional Center designation, oversight, suspension, and termination; compliance obligations for Regional Centers and affiliated parties; and automatic revocation of immigrant petitions in circumstances prescribed by statute.
- Investment thresholds: The minimum investment for projects located in high-employment areas would increase to $1.4 million, while the standard EB-5 investment threshold would remain $1.05 million for other qualifying investments.
Written comments must be submitted on or before August 31, 2026.
Why it matters
For nearly four years, Congress intentionally left many operational details of the RIA to be determined by DHS through future regulations. Over the past several years, USCIS has relied largely on policy manuals, agency guidance, FAQs, and individual adjudications to interpret the new law. This proposed rule signals a shift to formal regulatory guidance that will bind adjudicators and provide practitioners with predictable standards.
Automatic revocation provisions
Although the title may sound alarming, investors should not interpret it as an indication that USCIS intends to broadly revoke approved EB-5 petitions. Instead, the proposed regulation seeks to define the specific circumstances under which the law requires automatic revocation when statutory eligibility no longer exists. The Reform and Integrity Act introduced important safeguards designed to protect investors who have complied with program requirements but may be affected by Regional Center termination or misconduct beyond their control. The proposed regulations are expected to clarify how USCIS will implement these statutory protections, including the circumstances under which investors may retain eligibility despite actions taken against a Regional Center.
Practitioner impact
Questions surrounding documentation requirements, project modifications, regional center compliance, petition eligibility, and investor protections have often been resolved through evolving agency practice rather than clearly established regulations. The proposed rule is expected to clarify many of these areas by explaining how USCIS will interpret and apply the statutory requirements. Greater clarity should promote more consistent adjudications, reduce uncertainty during the petition process, and lessen the likelihood that investors will receive Requests for Evidence (RFEs) or encounter delays caused by differing interpretations among adjudicators.
Way forward
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Review the proposed rule in detail. Once published in full, download the Federal Register notice and cross-reference each section with your open EB-5 cases to identify areas that may affect pending I-526E petitions, I-829 removals of conditions, and engagement agreements with regional centers.
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Submit public comments if necessary. If you identify interpretations in the proposed rule that conflict with your understanding of the statute or that would materially harm your clients, submit written comments to DHS by August 31, 2026. Comments should reference DHS Docket No. USCIS-2026-0100, and must be submitted prior to midnight eastern time on August 31, 2026 through the electronic Federal Docket Management System.
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Prepare for regulatory transition. The proposal is scheduled to be published in the Federal Register, after which DHS will invite public comments for 60 days before deciding whether to issue a final rule. Until then, the existing EB-5 framework remains in effect, although many of the integrity measures introduced under the 2022 law are already being implemented.
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Monitor the Investment threshold changes. If regional centers market projects with heightened investment minimums under the new rule, advise EB-5 investors of the transition period and any potential impact on projects grandfathered under prior law.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. You should not rely on this information to advise clients or make filing decisions. Please consult a licensed immigration attorney and carefully review the proposed rule, the statute (Public Law 117-103, Division BB), and any subsequent USCIS policy guidance. Immigration law and regulations can change without notice; verify all information against primary sources, including the Federal Register link provided above, before taking action.