USCIS Announces Changes to the EB-5 Program

Washington, DC–On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act of 2022, which revised INA 203(b)(5).

If you filed Form I-526 before March 15, 2022, we will adjudicate your form under the regulations in effect before Nov. 21, 2019. Please see USCIS Policy Manual, Volume 6, Part G, Investors, for an explanation of those regulations.

 

On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated (voided) the EB-5 Immigrant Investor Program Modernization Final Rule. Because that rule was voided, the following changes are in effect for petitions filed before March 15, 2022: there is no priority date retention (previously provided in the voided rule), state designations of targeted employment areas are permitted, and the investment amounts are $1 million for standard cases and $500,000 for targeted employment areas. 

 

For petitions filed after March 15, 2022, however, the EB-5 Reform and Integrity Act of 2022 raises the investment amounts to $1,050,000 for standard cases and $800,000 for targeted employment areas. The same statute redefines those targeted employment areas.

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