RIA 2022
Also known as: EB-5 Reform and Integrity Act, Reform and Integrity Act of 2022, EB-5 Reform Act
Foundational · EB-5 Glossary · Last reviewed April 2026
Definition
Legislation enacted on March 15, 2022 as part of the Consolidated Appropriations Act of 2022 that reauthorized the EB-5 Regional Center Program and introduced significant reforms. Key provisions include the creation of visa set-aside categories (Rural 20%, HUA 10%, Infrastructure 2%), the introduction of Form I-526E, enhanced integrity measures, CPI-U-based investment amount adjustments, and the grandfathering provision for pre-deadline filings.
Context
The RIA restructured the EB-5 program. It created backlog-free visa categories through set-asides, added investor protections, and tied future investment amounts to inflation. The program is authorized through September 30, 2027.
Related Terms
More Foundational Terms
- Adjustment of Status
The process of changing immigration status to lawful permanent resident while physically present in the United States. In the EB-5 context, adjustment of status is one of two pathways to obtain a green card (the other being consular processing). The applicant files Form I-485 with USCIS.
- At-Risk Investment
The legal requirement that EB-5 investment capital be placed at genuine risk of loss for the purpose of generating a return. The investment cannot be structured with a guaranteed return of capital or a guaranteed rate of return. Arrangements that eliminate risk, such as redemption agreements, loan guarantees, or insurance against loss, are inconsistent with the at-risk requirement.
- Concurrent Filing
The practice of filing Form I-485 (Adjustment of Status) at the same time as or shortly after Form I-526E, when a visa number is immediately available. Concurrent filing allows the investor to obtain interim benefits (EAD and Advance Parole) while the I-526E is adjudicated.
- Conditional Residence
A two-year period of permanent resident status that EB-5 investors receive upon initial admission or adjustment of status. During this period, the investor holds the same rights as an unconditional permanent resident but must file Form I-829 to remove the conditions before the two-year anniversary.
- Consular Processing
The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad. In the EB-5 context, consular processing is the alternative to adjustment of status for investors who are not in the United States or who prefer to process abroad. The final step is an in-person interview at the consulate.
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