EB-5 Reform and Integrity Act of 2022: What Changed and Why It Matters

Congress enacted the EB-5 Reform and Integrity Act on December 23, 2022, ending a five year program lapse that left thousands of investors in regulatory limbo. We pulled the statute, the USCIS implementation memos, and the February 2026 investment thresholds into one place because most investors we speak with cannot tell us what the RIA actually changed versus what their immigration attorney's marketing deck claims. Here is the difference, the math, and the deadline that matters.

Last verified: 2026-02-08

The crisis: why EB-5 lapsed in 2017#

Congress created the EB-5 program in 1990 as a pilot requiring periodic reauthorization. For twenty five years it was renewed routinely without substantive change. Starting in 2015 the renewals stopped being routine.

The lapse created real consequences. Thousands of investors had filed I-526 petitions under the old rules, and USCIS could not adjudicate them. Regional centers lost their designations. New investors could not file at all. From April 2017 to December 2022, the program mostly sat idle, though some pending cases continued to process.

The stalemate ran nearly five years. During that window the investment threshold remained at the pre-RIA $500,000 to $1,000,000 range, regional centers operated without clear authority, and thousands of investors waited for decisions on petitions filed years earlier.

By 2022, Congress recognized the program's contribution to the US economy and passed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act of 2023[1]. The RIA reauthorized the program and rewrote how it operates.

Key changes introduced by the RIA#

1. New investment amounts with annual indexing#

The RIA raised the investment thresholds and introduced automatic annual indexing for inflation[1]. According to USCIS guidance, both amounts adjust each year using the Consumer Price Index.

• TEA investment: now $800,000, up from $500,000
• Non-TEA investment: now $1,050,000, up from $1,000,000
• Annual adjustment: CPI-U driven, published by USCIS

For 2026, the amounts are $800,000 (TEA) and $1,050,000 (non-TEA)[1].

Why this matters to you: If you filed before the RIA, you may hold grandfathered status allowing you to keep the old amounts. If you file after the RIA, you are on the new numbers. The $250,000 to $300,000 delta is substantial and affects project selection, leverage, and the cost of capital you deploy.

2. Reauthorization through September 2027#

The RIA reauthorized the program for roughly five years, through September 2027[1]. Congress must reauthorize again before that date to keep the program operating. The timeline creates both opportunity and uncertainty.

Implications: Investors pursuing EB-5 now have statutory certainty through late 2027. Anyone in process longer than five years may run into the reauthorization window. USCIS has historically continued adjudicating pending cases after a sunset, but there is no guarantee.

3. Visa set asides for priority projects#

The RIA created visa set asides, reserved allocations of visa numbers for specific project types[1]:

• 20 percent for rural TEAs: rural projects receive preferential processing
• 10 percent for high unemployment TEAs: high unemployment projects receive preferential processing
• 2 percent for infrastructure projects: major infrastructure investments receive dedicated visa numbers

These set asides prioritize Congressional policy goals of economic stimulus in disadvantaged areas.

Implications for you: If your project qualifies for a set aside, particularly the rural or high unemployment TEA set asides, your effective visa availability improves. Set aside projects often move faster because they draw from a dedicated pool rather than competing inside the unreserved queue.

4. Concurrent filing of I-526E and I-485#

Before the RIA, investors filed the I-526, waited years for approval, and only then filed the I-485 to adjust status. The RIA now permits concurrent filing[1].

Concurrent filing lets you submit the I-526E and I-485 at the same time. The I-485 can be approved before the I-526E is adjudicated, which means you can move to the US, work, and hold a travel document while the underlying petition is pending.

Benefits of concurrent filing:

• Faster access to US residency status in some cases
• Earlier work authorization and advance parole
• Reduced uncertainty during the long I-526E processing window

Requirements for concurrent filing: You must be physically present in the US in lawful status and meet standard I-485 admissibility requirements. Concurrent filing only helps if there is visa availability under the relevant EB-5 category, including any applicable set aside.

5. The integrity fund and compliance requirements#

The RIA established a new fee structure including an integrity fund that supports program administration and fraud prevention[1]. Regional centers now pay higher fees and face stricter compliance standards.

New compliance requirements for regional centers:

• Mandatory audits and financial reviews
• Investor protection mechanisms
• Anti fraud safeguards
• Transparency in project information
• Restricted ability to operate without current USCIS approval

Fee increases: The RIA raised fees for regional center designation and petition filing. Investors can expect to see the pass through costs in regional center fee schedules.

6. USCIS authority over targeted employment area designations#

Before the RIA, regional centers and consultants held significant authority to designate or approve TEA status. The results were inconsistent and occasionally fraudulent. The RIA moved primary TEA authority to USCIS[1].

What changed: USCIS reviews and approves all TEA designations. Regional centers and consultants may still prepare TEA analyses, but USCIS makes the final call. Fraud risk goes down. Scrutiny on TEA claims goes up.

Implications: If you rely on a TEA designation for the $800,000 threshold, USCIS will examine the claim closely. Historically marginal TEA projects are now more vulnerable to denial. Make sure the designation is defensible.

7. Grandfathering of old investment amounts#

An important RIA provision grandfathered certain investors at the old investment amounts[1].

Grandfathering rules:

• Investors with I-526 petitions filed before the RIA enactment date may maintain the original amounts under defined conditions
• Regional center petitions filed before the RIA effective date are grandfathered
• Investors who already hold conditional green cards continue under the rules in effect when they filed

Who benefits: Pre-RIA filers preserve access to the older investment thresholds, which can mean meaningful capital savings compared with new investors.

Who does not benefit: Anyone filing new petitions in the post-RIA regime uses the current amounts. If you are starting now, the numbers are $800,000 to $1,050,000.

How the RIA affects regional centers#

The RIA reshaped regional center operations.

Before RIA: Regional centers operated with limited oversight. Some lacked current USCIS designation for extended periods. Investor protections were minimal.

After RIA: Regional centers must comply with stricter standards[1], including mandatory financial audits, investor disclosure requirements, and restricted operational authority. USCIS has shut down noncompliant centers and pursued enforcement actions against fraudulent sponsors.

Implications for investors: Choosing a compliant, well managed regional center now carries more weight than it did pre-RIA. USCIS actively reviews legitimacy. A center that cleared RIA compliance is a different proposition than a pre-RIA shell with a stale approval letter.

Comparison: pre RIA vs post RIA EB-5#

Impact on current and future investors#

If you filed your I-526 before December 2022#

You may hold grandfathered status under the old amounts. You benefit from lower capital exposure compared with new filers. You remain subject to all other EB-5 rules, including job creation, source of funds, and admissibility. Grandfathering applies to investment amount, not to the rest of the program.

If you are filing your I-526E in 2026 or later#

You invest at the current thresholds, $800,000 to $1,050,000. Concurrent filing is available if you are in the US in lawful status. Regional center oversight is stronger, and that has a real effect on project quality. The capital bar is higher, but the program is more credible.

If you are considering EB-5 for the future#

The program is statutorily stable through September 2027. After that, Congress must reauthorize again. File well before that date if you want to avoid another reauthorization gap. Our read: the RIA reforms have meaningfully improved program credibility, and the political case for another extension is stronger now than at any point since the 2017 lapse.

Common pitfalls related to the RIA#

• Relying on grandfathered status without action. Grandfathering is time bounded. If you have not moved through the process by the applicable deadline, the savings do not persist indefinitely.

• Confusing old and new regional centers. Some centers lost USCIS approval after RIA implementation. Verify current RIA compliant status, not historical approval.

• Assuming TEA status is automatic. Under the RIA, TEA designations are no longer self approved. USCIS scrutinizes them closely. Do not rely on a consultant's TEA analysis without USCIS confirmation.

• Overlooking set aside opportunities. If your project qualifies for a set aside, surface it. Set aside cases draw from a separate visa pool, which changes the wait math entirely.

• Underestimating fee increases. Regional centers pass RIA mandated fees through to investors. Budget for integrity fund contributions and compliance costs that did not exist pre-RIA.

• Misunderstanding concurrent filing. Concurrent filing speeds adjustment of status, not I-526E adjudication. The underlying petition still takes three to five plus years. Concurrent filing only helps with the I-485 timeline.

Frequently asked questions#

Q: If I filed before RIA, am I locked into the old investment amount forever? A: No. Grandfathering is time limited. If your case is still pending past the applicable window, USCIS may require the new amount.

Q: Can I get a set aside visa if my project is not rural or high unemployment? A: No. Set asides cover rural TEAs (20 percent), high unemployment TEAs (10 percent), and infrastructure projects (2 percent). Outside those categories you compete for unreserved numbers.

Q: Does concurrent filing mean my I-485 will be approved first? A: Possibly. Concurrent filing lets both run in parallel. Your I-485 may be approved before the I-526E, depending on workload, visa availability, and case complexity.

Q: Will the program lapse again after 2027? A: The RIA reauthorization runs through September 2027. Congress will likely reauthorize again, though nothing is certain. File well before the deadline to avoid a gap.

Q: Does the RIA change the job creation requirement? A: No. The ten job requirement is unchanged. The RIA did not alter how many jobs must be created or how they are counted.

Q: Can a grandfathered investor use the old investment amount indefinitely? A: No. Grandfathering is time bounded. After the applicable date, expect to be on the current numbers unless your case is already concluded.

Q: What happens to pending I-526 or I-526E cases if the program is not reauthorized in 2027? A: USCIS has historically allowed pending cases to continue processing after a lapse. New cases cannot be approved without reauthorization. A filing made after a hypothetical lapse would not be adjudicated until Congress acted.

Q: Does the RIA affect the I-829 removal of conditions process? A: Not directly. The RIA did not change how I-829 petitions are processed or what evidence is required. Job creation documentation standards are the same.

Timeline of EB-5 program history#

What EB5Status helps you do#

EB5Status tracks how RIA changes affect your petition and helps you navigate the reformed program. EB5Status enables you to:

• Verify grandfathering status: confirm whether your filing date preserves the old amounts and when protection expires
• Identify set aside eligibility: check whether your project qualifies for rural TEA, high unemployment TEA, or infrastructure set asides, and track visa availability
• Confirm regional center status: verify current RIA approval, not just historical designation
• Monitor concurrent filing: track I-485 status alongside the I-526E for investors pursuing concurrent filing
• Understand investment amounts: current year thresholds, updated each CPI cycle
• Alert on reauthorization deadlines: notifications as the 2027 window approaches

Forward look#

Congress has until September 2027 to move again, and the politics on both sides of the aisle currently favor reauthorization. We will update this page the moment USCIS publishes the 2027 CPI adjustment or a reauthorization bill clears committee.

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Disclaimer#

This article is for informational purposes only and does not constitute legal or investment advice. Consult a qualified immigration attorney and financial advisor before making any decisions.

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Sources#

[1] U.S. Congress. "EB-5 Reform and Integrity Act of 2022." Consolidated Appropriations Act of 2023, H.R. 2617, enacted December 23, 2022. https://www.uscis.gov/eb5

[2] U.S. Department of Homeland Security, Citizenship and Immigration Services. "EB-5 Program Updates and Implementation." https://www.uscis.gov/eb5

[3] U.S. Department of Homeland Security, Citizenship and Immigration Services. "Regional Center Compliance and Oversight." https://www.uscis.gov/eb5/regional-centers