EB-5 Investor Visa Updates: Key Changes and Benefits for Foreign Entrepreneurs
On March 15, 2022, President Biden signed into law a spending bill that reauthorized the EB-5 Immigrant Investor Program. This legislation introduced significant changes designed to strengthen oversight, improve transparency, and modernize the program. Among the most notable updates are the increased minimum investment amounts and new protections for investors participating in regional center projects.
What is the EB-5 Program?
The EB-5 Immigrant Investor Program was originally created by Congress in 1990 through the Immigration Act to boost the U.S. economy while providing foreign entrepreneurs with a pathway to permanent residency. Under this program, eligible investors may apply for a green card if they:
- Invest at least $1,050,000 in a qualifying U.S. commercial enterprise that creates at least ten full-time jobs for U.S. workers; or
- Invest through a regional center, where at least ten indirect jobs may be counted toward meeting the requirement.
This framework has made the EB-5 program an attractive option for global investors looking to contribute to the U.S. economy while securing lawful permanent residence.
EB-5 Regional Center Investor Protections
The EB-5 regional center program temporarily lapsed in 2021, creating uncertainty for investors. The 2022 reauthorization reinstated the program beginning May 15, 2022, and extending it through September 30, 2027 (or later if renewed). Importantly, the law now includes future investor protections:
- If an investor files Form I-526 by September 2026 based on a regional center project, and the program is no longer active at that time, USCIS must still adjudicate the petition according to the law in effect when it was filed.
- To protect program integrity, pooling of EB-5 investments into a single enterprise is prohibited unless the investments are made through regional centers.
Minimum Investment Requirements Increased
One of the most significant updates is the increase in the minimum required investment:
- $1,050,000 – Standard minimum investment.
- $800,000 – For investments in Targeted Employment Areas (TEAs) or qualifying infrastructure projects.
TEAs are designated by the Department of Homeland Security (DHS) as areas of high unemployment, while infrastructure projects must be administered by federal, state, or local government entities.
Additionally, starting January 1, 2027, and every five years thereafter, minimum investment thresholds will be automatically adjusted based on the Consumer Price Index (CPI). For TEAs and infrastructure projects, the threshold will remain at 60% of the standard minimum.
Note: These new requirements do not apply to investors who filed their I-526 petition before March 15, 2022.
Adjustment of Status for EB-5 Investors
Under the new provisions, EB-5 investors who are lawfully present in the United States can file for adjustment of status (Form I-485) while their I-526 petition is still pending, provided their priority date is current. Investors may also benefit from forgiveness of up to 180 days of status violations under INA §245(k).
Adjustment of Status for EB-5 Investors
To encourage investment in underserved areas, the law reserves 32% of annual EB-5 visas for specific project categories:
- 20% for investments in rural areas.
- 10% for high unemployment areas designated by USCIS.
- 2% for infrastructure projects administered by government entities.
Addressing EB-5 Processing Delays
A persistent challenge of the EB-5 program has been long processing times. To address this, Congress has directed USCIS to revise filing fees and staffing to ensure petitions are processed more efficiently, reducing wait times for investors.
How Green Card Link Can Help EB-5 Investors
Making an EB-5 investment is a major financial and personal decision. Errors or oversights during the application process can result in costly setbacks. At Green Card Link, its experienced immigration attorneys guide investors through every step of the EB-5 process—ensuring compliance with USCIS and Department of State regulations.
Whether you are pursuing an EB-5 visa through a regional center or direct investment, an immigration attorney at Green Card Link can:
- Evaluate your eligibility and investment options.
- Guide you through filing Form I-526 and Form I-485.
- Explore alternative visa solutions if you do not qualify under EB-5.
- Help you protect your investment while securing your future in the United States.
With years of experience assisting foreign entrepreneurs, the immigration attorneys at Green Card Link are committed to helping you achieve your immigration and business goals.