EB-5 Policy Changes Tracker
Data current as of · Source: USCIS, State Department, Federal Register, Congressional Record
The EB-5 program has undergone 26 significant policy changes since the Reform and Integrity Act took effect in March 2022. This page tracks all changes from all agencies: USCIS policy updates, State Department visa bulletin changes, fee schedule modifications, executive orders, court decisions, and Congressional activity. Each entry includes the date, responsible agency, action type, impact assessment, and source citation with trust tier.
Key Takeaways
- 126 significant policy changes tracked since the RIA took effect on March 15, 2022.
- 2USCIS has been the most active agency, issuing processing changes, guidance memos, and policy updates on a nearly quarterly basis.
- 3The April 2024 fee schedule increase was the first comprehensive fee adjustment affecting EB-5 since the RIA.
- 4Rural I-526E processing times have decreased from 16 to 22 months in early FY2025 to 11 to 17 months by early 2026, reflecting statutory priority processing.
- 5The Gold Card proposal (August 2025) remains at the executive statement stage with no legislation or regulation issued.
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Showing 26 of 26 policy changes
USCIS Publishes Updated I-526E Processing Times (February 2026 Cycle)
USCIS updated processing time ranges for I-526E petitions. Rural category: 11 to 17 months. High Unemployment Area: 24 to 36 months. Unreserved: 36 to 52 months. Rural processing times continued to decrease, now approximately 3x faster than unreserved petitions, reflecting statutory priority processing mandates under the RIA.
March 2026 Visa Bulletin: China FAD Advances, India Steady
The Department of State published the March 2026 visa bulletin. China mainland born unreserved final action date advanced to September 1, 2016. India unreserved remained at May 1, 2022. All reserved categories (Rural, HUA, Infrastructure) remained Current for all countries. Vietnam and all other countries: Current across all categories.
USCIS Releases Q3 FY2025 I-526E Statistics
USCIS published quarterly statistics showing 94% I-526E approval rate in Q3 FY2025, the highest rate since the RIA took effect. 1,047 petitions approved out of 1,113 completed. Total pending backlog reached 10,787 (8,965 I-526E + 1,822 legacy I-526). Legacy I-526 backlog continuing managed drawdown toward resolution by FY2026.
FY2026 Visa Allocations Take Effect
New fiscal year visa allocations began for FY2026. The EB-5 category received its standard annual allocation of approximately 10,000 visas, plus unused visas from other employment-based categories. Reserved categories maintained: Rural 20%, HUA 10%, Infrastructure 2% of total EB-5 allocation per the RIA.
Gold Card Proposal: Executive Statements on $5M Residency Program
Senior administration officials made public statements regarding a proposed "Gold Card" residency program requiring a $5,000,000 payment to the U.S. government. No legislation has been introduced and no regulatory framework exists. The proposal, if enacted, would create a separate pathway from EB-5. EB-5 remains the only active investment-based immigration program with established filing procedures.
USCIS Reports Continued Rural Processing Acceleration
Mid-year processing time data showed rural I-526E petitions averaging 14 to 20 months, continuing the downward trend from 16 to 22 months earlier in the fiscal year. USCIS attributed improvements to dedicated adjudication teams for rural petitions and reduced legacy I-526 backlog freeing officer capacity.
FY2025 Filing Volume Surges 25% Above Prior Year Pace
USCIS quarterly data revealed I-526E filing volumes running 25% above FY2024 pace, with 5,079 petitions received through Q3. The grandfathering deadline of September 30, 2026 was identified as the primary catalyst driving accelerated filing behavior. I-526E form accounted for 95% of new filings.
South Korea Overtakes China as Leading EB-5 Visa Issuance Country
Monthly visa issuance statistics revealed South Korea surpassing China as the leading country for EB-5 visa issuances. This geographic shift reflected growing demand from Korean investors and the impact of mainland China born visa retrogression in the unreserved category. Reserved categories remained Current for all countries.
USCIS Updates EB-5 Policy Manual: Concurrent Filing Guidance
USCIS updated Volume 6 of the Policy Manual with clarified guidance on I-526E concurrent filing with I-485. Guidance confirmed that investors physically present in the U.S. in valid status with an immediately available visa number may file concurrently, obtaining work authorization (EAD) and travel authorization (Advance Parole) while the I-526E petition is pending.
FY2025 Visa Allocations: Reserved Categories Remain Current
FY2025 visa allocations took effect with reserved categories (Rural 20%, HUA 10%, Infrastructure 2%) remaining Current for all countries. China mainland born unreserved category continued to face retrogression with a multi-year backlog. The Current status of reserved categories provided a significant incentive for investors from retrogressed countries to choose Rural or HUA projects.
USCIS Announces Streamlined I-956F Project Approval Process
USCIS announced procedural improvements to the I-956F (Application for Approval of an Investment in a Commercial Enterprise) adjudication process. Changes aimed to reduce processing times for project approvals from the initial 18 to 24 month range, enabling investors to file I-526E petitions sooner after project approval.
USCIS Fee Schedule Increase Takes Effect
New USCIS fee schedule took effect, increasing I-526E filing fees to $3,675 (from $3,675 under the initial RIA schedule). The EB-5 Integrity Fund fee remained at $1,000 for Regional Center investments and $500 for direct investments. Total government filing fees for a Regional Center I-526E petition: $4,675. The fee increase applied across most USCIS form types, not just EB-5.
USCIS Publishes Final Rule on Fee Schedule Changes
USCIS published the final rule adjusting the fee schedule for immigration benefits, including EB-5 related forms. The rule implemented a comprehensive update to fees across all form types, effective April 1, 2024. For EB-5, the Integrity Fund fee structure established by the RIA remained unchanged at the statutory amounts.
USCIS Establishes Dedicated Rural I-526E Adjudication Teams
USCIS established dedicated adjudication teams for rural designated I-526E petitions, implementing the statutory priority processing requirement under the RIA. This organizational change resulted in measurably faster processing for rural petitions compared to HUA and unreserved categories.
FY2024 EB-5 Visa Allocations Begin
FY2024 visa allocations took effect. Reserved categories (Rural, HUA, Infrastructure) opened as Current for all countries. China mainland born unreserved category faced continued retrogression. The RIA set-aside allocation structure entered its second full fiscal year of operation.
USCIS Completes First Full Year of I-526E Adjudications
USCIS reported completing its first full year of I-526E adjudications under the new RIA framework. FY2023 saw 4,213 petitions received and 563 approved, with an 85% approval rate. The relatively low approval volume reflected the ramp-up period as USCIS built adjudication capacity for the new petition type.
USCIS Issues Guidance on TEA Designation Under RIA
USCIS issued updated guidance on Targeted Employment Area (TEA) designation requirements under the RIA. The guidance clarified how rural areas, high unemployment areas (150% of national average), and infrastructure projects qualify for reserved visa set-aside categories. TEA designation now directly determines visa set-aside eligibility, making it more consequential than under pre-RIA rules.
USCIS Implements EB-5 Modernization Regulations
USCIS published updated regulations implementing key provisions of the EB-5 Reform and Integrity Act. The rule addressed Regional Center designation and oversight requirements, integrity fund fee collection, and compliance procedures. It also clarified the interaction between the new I-526E petition and the legacy I-526 petition during the transition period.
FY2023 EB-5 Visa Allocations: First Full Year Under RIA
FY2023 marked the first full fiscal year under the RIA set-aside structure: Rural (20%), High Unemployment Area (10%), and Infrastructure (2%) categories received reserved visa allocations. The remaining 68% of visas were unreserved. All reserved categories opened as Current for all countries.
USCIS Begins Accepting I-956F Regional Center Project Applications
USCIS began accepting Form I-956F (Application for Approval of an Investment in a Commercial Enterprise) applications from Regional Centers seeking approval for new investment projects under the RIA framework. This form replaced the previous project approval process and required compliance with new integrity fund requirements.
USCIS Issues Regional Center Re-Designation Requirements
USCIS published requirements for existing Regional Centers to seek re-designation under the RIA. All pre-RIA Regional Centers needed to submit compliance documentation demonstrating adherence to the new integrity and oversight requirements. The re-designation process included background checks, fund administration verification, and securities compliance certification.
USCIS Begins Accepting I-526E Petitions
USCIS began accepting Form I-526E (Immigrant Petition by Alien Investor) under the EB-5 Reform and Integrity Act. This new petition form replaced the I-526 for all new filings made under the reformed program. Legacy I-526 petitions already pending continued to be adjudicated under prior rules.
USCIS Publishes Initial RIA Implementation Guidance
USCIS published initial guidance on implementing the EB-5 Reform and Integrity Act. The guidance covered new investment minimums ($800,000 TEA, $1,050,000 non-TEA), the integrity fund fee structure ($1,000 RC, $500 direct), concurrent filing eligibility, and the transition from I-526 to I-526E petitions.
USCIS Resumes Processing Paused Regional Center Petitions
Following the RIA enactment, USCIS announced it would resume processing approximately 60,000 Regional Center I-526 petitions that had been paused during the June 2021 to March 2022 lapse. Petitions filed before the lapse were processed under pre-RIA rules. New filings would use the I-526E form under updated RIA requirements.
EB-5 Reform and Integrity Act of 2022 Enacted
President signed the EB-5 Reform and Integrity Act (RIA) into law as part of the Consolidated Appropriations Act, 2022. The RIA: reauthorized the Regional Center program through September 30, 2027; set investment minimums at $800,000 (TEA) and $1,050,000 (non-TEA); created visa set-aside categories for Rural (20%), HUA (10%), and Infrastructure (2%); established the Integrity Fund; introduced Form I-526E; mandated CPI-U inflation adjustments every 5 years; and set a grandfathering deadline of September 30, 2026.
Regional Center Program Lapses (Pre-RIA)
The EB-5 Regional Center program authorization expired on June 30, 2021 after Congress did not pass reauthorization legislation. USCIS ceased accepting new I-526 petitions for Regional Center investments and paused adjudication of approximately 60,000 pending petitions. Direct EB-5 investment continued unaffected. The lapse lasted approximately 9 months until the RIA was enacted on March 15, 2022.
Frequently Asked Questions
How this data was calculated
Policy changes are sourced from official government publications: Federal Register for rules, USCIS.gov for policy updates and processing time data, State Department for visa bulletin changes, Congressional Record for legislation, and federal court dockets for judicial decisions. Each entry is reviewed against the primary source document. Impact assessments (High, Medium, Low) are editorial evaluations based on the breadth of affected stakeholders and magnitude of the change.