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New USCIS EB-5 filing fees apply from November 30, 2026, and minimum investment amounts adjust from January 1, 2027. See the costs

Program updates

The EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022, signed into law on March 15, 2022, reshaped the EB-5 program. It set new investment amounts, reserved visas for certain project types, created a new project-filing framework for regional center investments, and strengthened oversight through compliance requirements, investor-protection measures, project disclosures and anti-fraud provisions. This article, drawn from the EB5 Circle Investor Guide, summarizes the main changes and how they affect investors.

Last reviewed
Reviewed
Reading time
5 min read
Sources
6 official sources cited

Key points

  • Minimum investment amounts became $800,000 (TEA or infrastructure) and $1,050,000 (other projects).
  • Visas are reserved each fiscal year: 20% rural, 10% high-unemployment and 2% infrastructure.
  • A regional center must file Form I-956F for a project before investors file Form I-526E under the new framework.
  • USCIS audits regional centers at least once every five years and requires annual statements on Form I-956G.
  • The Regional Center Program is authorized through September 30, 2027; future reauthorization is up to Congress.
Lower Manhattan skyline across the water at dusk
Photo: 2nified (CC BY-SA 3.0). Illustrative image; it does not depict an EB-5 project.

01Key provisions

Investment amounts
$800,000 for a qualifying investment in a targeted employment area (TEA: a rural or high-unemployment area) or an eligible infrastructure project, and $1,050,000 for other qualifying investments. The Act also provides for inflation adjustments every five years, based on the Consumer Price Index for All Urban Consumers (CPI-U), beginning with petitions filed on or after January 1, 2027. See the 2027 investment adjustment.
Reserved visas
20% of EB-5 visas each fiscal year are reserved for rural projects, 10% for high-unemployment areas and 2% for infrastructure projects. See reserved visa categories.
TEA determinations
USCIS, rather than state governments, now determines whether a project is in a targeted employment area.
Project filings
Under the new framework, the regional center must file a project application on Form I-956F before an investor in that project files Form I-526E.
Concurrent filing
A person physically in the United States may file to adjust status (Form I-485) together with, or while, an EB-5 petition is pending, if a visa is immediately available and other requirements are met. See concurrent filing.
Integrity measures
New requirements and oversight covering regional centers, investment offerings and the movement of investor capital.

02Regional center compliance and fund administration

The Act imposed reporting, recordkeeping and integrity requirements on regional centers.

  • Annual statements: each regional center files an annual statement on Form I-956G (opens in a new tab).
  • Integrity fees: regional centers pay fees that fund program integrity work. Fee amounts are not restated here; see the USCIS fee schedule (opens in a new tab).
  • Audits: USCIS audits each regional center at least once every five years, examining records and the flow of investor capital.

For investors, these rules make certain information more available, but they do not replace your own review. Investors may want to examine the fund-management arrangements, financial reporting, related-party transactions and budgets, and to understand the roles of the new commercial enterprise (NCE, the entity that receives investor capital) and the job-creating entity (JCE, the business that uses the capital and creates the jobs). See regional center due diligence.

03Disclosures and investor protections

EB-5 offerings must comply with securities laws and with EB-5 disclosure requirements. Before investing, review the core documents:

  • Private placement memorandum (PPM) and subscription agreement.
  • Business plan and risk disclosures.
  • Fee structure and how capital will be allocated.
  • Repayment assumptions.

04Which rules apply by filing date

The rules that govern a petition generally depend on when it was filed. The summary below is general; transition rules can be complex, and a qualified U.S. immigration attorney should confirm how they apply to a particular case.

Which rules apply by filing date
Filing dateGeneral position
Before March 15, 2022Earlier requirements generally govern, subject to transition rules.
On or after March 15, 2022Revised investment amounts and the reformed program apply.
On or after May 14, 2022Regional center investors follow the new project-filing framework (Form I-956F before Form I-526E).
Later filingsCheck current USCIS guidance, fees and any regulatory changes at the time of filing.

For petitions under the post-May 14, 2022 rules, the documentation requirements generally include personal tax returns covering the preceding 7 years, subject to applicable provisions and exceptions. See source of funds.

05Authorization and later developments

The Act authorized the Regional Center Program through September 30, 2027. It also protects petitions filed on or before September 30, 2026 from being affected by a future lapse of the program; that date has now passed. Whether the program is reauthorized beyond September 30, 2027 is up to Congress, and investors should verify legislative developments rather than assume reauthorization. See Regional Center Program authorization.

Oversight rules support the program's administration, but they do not remove investment or immigration risk. Read understanding EB-5 investment risk.

06Next steps

Common questions

Under the post-2022 framework, the regional center must file the I-956F before you file your I-526E. You may generally file while the project application is pending, but USCIS cannot make a final decision on your I-526E until the I-956F is decided.

They strengthen oversight of regional centers, but they do not guarantee any project's performance, repayment or immigration outcome. Your own due diligence remains essential.

That depends on Congress. EB5 Circle does not speculate on reauthorization; check official sources such as USCIS and Congress.gov for updates.

Sources and further reading

Facts on this page were checked against these sources on October 29, 2026. Rules and figures change — always confirm with the official source.

  1. 1.H.R. 2471, Consolidated Appropriations Act, 2022 (includes the EB-5 Reform and Integrity Act of 2022) (opens in a new tab)Congress.gov
  2. 2.8 U.S.C. 1153 (INA section 203) (opens in a new tab)Office of the Law Revision Counsel, U.S. House of Representatives
  3. 3.EB-5 What's New (opens in a new tab)U.S. Citizenship and Immigration Services
  4. 4.Form I-956F, Application for Approval of an Investment in a Commercial Enterprise (opens in a new tab)U.S. Citizenship and Immigration Services
  5. 5.Form I-956G, Regional Center Annual Statement (opens in a new tab)U.S. Citizenship and Immigration Services
  6. 6.Form G-1055, Fee Schedule (opens in a new tab)U.S. Citizenship and Immigration Services

Published · Last reviewed . This page is general educational information, not legal, tax or investment advice. See our disclosures.

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