The EB-5 Immigrant Investor Program has undergone its most significant transformation in decades. If you are considering the EB-5 visa as a pathway to U.S. permanent residence, here is what you need to know about the current state of the program.
The EB-5 Reform and Integrity Act of 2022
On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act of 2022 (RIA) as part of the Consolidated Appropriations Act. This legislation reauthorized the EB-5 Regional Center Program — which had lapsed since June 30, 2021 — and introduced sweeping changes to strengthen program integrity and protect investors.
Current Investment Minimums
Under the RIA, the minimum EB-5 investment amounts are currently set at $800,000 for investments in Targeted Employment Areas (TEAs), which include rural areas, high-unemployment areas, and infrastructure projects, and $1,050,000 for investments outside of TEAs. These amounts are expected to be adjusted upward for inflation in 2027 under the RIA's five-year adjustment schedule. Investors who file their I-526E petitions before September 30, 2026 will be grandfathered under current investment thresholds.
New Visa Set-Asides
One of the most investor-friendly changes under the RIA is the creation of reserved visa set-asides. Under the new structure, 20% of annual EB-5 visas are reserved for rural TEA investments, 10% for high-unemployment TEA investments, and 2% for infrastructure projects. These set-asides can significantly reduce processing times for investors who qualify.
Enhanced Investor Protections
The RIA introduced robust new investor protections, including enhanced oversight of regional centers, new transparency requirements, and provisions to protect investors if a regional center project fails or is the subject of fraud.
Is EB-5 Right for You?
The EB-5 program remains one of the most powerful pathways to U.S. permanent residence for foreign investors. However, it is a complex legal and financial undertaking that requires careful due diligence. The attorneys at Parikh & Prasad, PC have extensive experience representing EB-5 investors. Contact us to discuss whether EB-5 is the right pathway for your situation.
Related Practice Areas
Speak directly with an attorney
Schedule a free 15-minute consultation to discuss your immigration matter — no obligation.
Schedule a Free Consultation