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

The EB-5 program operated largely unchanged for 30 years, creating $100+ billion in foreign investment in the U.S. economy. However, by 2017, the program faced a crisis. Congressional reauthorization expired, leaving thousands of investors in legal limbo and regional centers unable to operate. The EB-5 Reform and Integrity Act (RIA) of 2022 reauthorized the program, implemented sweeping reforms, and created new opportunities for investors. Understanding what changed is essential for anyone pursuing EB-5 now or in the future.

Last verified: 2026-02-08

The EB-5 program was established in 1990 as a pilot program requiring periodic Congressional reauthorization. For 25 years, Congress renewed it routinely without substantive changes. However, starting in 2015, Congress failed to reauthorize the program on time.

The lapse created a crisis. Thousands of investors had filed I-526 petitions under the old rules, but USCIS could not adjudicate them. Regional centers lost their USCIS designation and could not operate. New investors could not pursue the program at all. From April 2017 to December 2022, the program essentially ceased functioning, though some pending cases continued to process.

The stalemate lasted nearly five years. During this time, the investment threshold remained at $500,000-$1,000,000 (pre-RIA amounts), 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 value to the U.S. 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 fundamentally reformed how it operates.

1. New Investment Amounts with Annual Indexing#

The RIA increased the investment thresholds and implemented automatic annual adjustments for inflation[1].

• TEA Investment: Now $800,000 (increased from $500,000)
• Non-TEA Investment: Now $1,050,000 (increased from $1,000,000)
• Annual Adjustment: Both amounts adjust annually for inflation using the Consumer Price Index (CPI)

For 2026, the amounts are $800,000 (TEA) and $1,050,000 (non-TEA)[1]. These amounts will increase each calendar year based on CPI-U adjustments published by USCIS.

Why this matters to you: If you filed before the RIA, you may have grandfathered status allowing you to maintain the old ($500,000-$1,000,000) amounts. If you file after the RIA, you must use the new amounts. The $250,000-$300,000 difference is substantial and affects project selection.

2. Reauthorization Through December 2027#

The RIA reauthorized the program for approximately five years, through December 2027[1]. This means Congress must reauthorize again in late 2027 to keep the program operating. This timeline creates both opportunity and uncertainty for investors.

Implications: Investors pursuing EB-5 now have certainty through 2027. However, anyone in process longer than five years may face a gap when reauthorization expires. USCIS typically processes I-526 and I-829 cases before a program sunset, but this is not guaranteed.

3. Visa Set-Asides for Priority Projects#

The RIA created visa set-asides (reserved allocation of visa numbers) for specific project types[1]:

• 20% for Rural Targeted Employment Areas: Projects in rural areas receive preferential visa processing
• 10% for High-Unemployment Targeted Employment Areas: Projects in high-unemployment areas receive preferential processing
• 2% for Infrastructure Projects: Major infrastructure investments receive dedicated visa numbers

These set-asides prioritize investments that achieve Congressional 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 visa availability is improved. Projects in set-aside categories may experience faster processing times because they have dedicated visa numbers not subject to the overall numerical cap.

4. Concurrent Filing of I-526 and I-485#

Before the RIA, you had to file your I-526 petition, wait months or years for approval, and only then file your I-485 application to adjust status. The RIA now permits concurrent filing[1].

Concurrent filing means you can submit your I-526 and I-485 at the same time. Your I-485 can be approved before your I-526 is adjudicated, allowing you to move to the U.S., work, and obtain a travel document while your I-526 is pending.

Benefits of concurrent filing:

• Faster timeline to U.S. residency in some cases
• Earlier access to work authorization and travel privileges
• Reduced uncertainty during the long I-526 processing period

Requirements for concurrent filing: You must meet I-485 admissibility requirements and have an immediate relative petition or employment-based petition pending. EB-5 petitioners must ensure they are not deportable and can pass the security and background checks required by I-485.

5. The Integrity Fund and Compliance Requirements#

The RIA established a new fee structure including an "integrity fund" that supports program administration and prevents fraud[1]. Regional centers now pay higher fees and must meet 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 increased fees for regional center designation and petition filing. Investors may see higher costs through their regional center fees, though USCIS has not dramatically raised investor petition fees.

6. USCIS Authority Over Targeted Employment Area Designations#

Before the RIA, regional centers and job creation consultants had significant authority to designate or approve TEA status. This created inconsistencies and fraud risks. The RIA transferred primary TEA authority to USCIS[1].

What changed: USCIS now reviews and approves all TEA designations. Regional centers and consultants can still prepare TEA analyses, but USCIS makes the final determination. This reduces fraud but also adds scrutiny to TEA claims.

Implications: If you rely on a TEA designation for your $800,000 investment threshold, USCIS will examine the TEA claim closely. Projects with historically questionable TEA status may face denials. Ensure your project's TEA designation is well-documented and defensible.

7. Grandfathering of Old Investment Amounts#

A critical RIA provision grandfathered certain investors under the old investment amounts[1].

Grandfathering rules:

• Investors with I-526 petitions filed before December 29, 2022, can maintain their original investment amounts ($500,000 for TEA, $1,000,000 for non-TEA) through December 29, 2027
• Regional center petitions filed before the RIA effective date are grandfathered
• Investors who have already obtained conditional green cards continue to meet requirements under the old amounts

Who benefits: Investors who filed I-526 petitions in 2022 or earlier can use old investment amounts for five years. This saves $250,000-$300,000 compared to new investors.

Who does not benefit: Investors filing after December 29, 2022, must use the new amounts immediately. If you are beginning your EB-5 process now, you must invest $800,000-$1,050,000.

The RIA fundamentally reshaped regional center operations:

Before RIA: Regional centers operated with limited oversight. Some operated without current USCIS designation for years. 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 non-compliant centers and brought enforcement actions against fraudulent sponsors.

Implications for investors: Choosing a compliant, well-managed regional center is now more critical. USCIS actively reviews regional center legitimacy, so working with a center approved under RIA standards provides greater confidence.

If you filed your I-526 before December 2022:#

You are grandfathered under the old investment amounts through 2027. You may benefit from the $250,000+ savings compared to new investors. However, you remain subject to job creation requirements and all other EB-5 standards. Grandfathering only applies to investment amounts, not to other program rules.

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

You must invest the new amounts ($800,000-$1,050,000). Concurrent filing may allow you to move to the U.S. faster. You benefit from more robust regional center oversight and stronger program credibility due to RIA compliance requirements. However, you face higher capital requirements than grandfathered investors.

If you are considering EB-5 for the future:#

The program is stable through 2027. After December 2027, Congress must reauthorize again. Plan to file your I-526 well before this date to avoid another lapse. The RIA reforms have made the program more credible and transparent, reducing fraud risk.

• Relying on Grandfathered Status Without Action: If you are grandfathered, your status expires December 29, 2027. If you have not filed an I-526 by then, you lose grandfathered status and must invest the new amounts. Plan to file well in advance of this deadline.

• Confusing Old and New Regional Centers: Some regional centers lost USCIS approval after RIA implementation. Verify that your regional center has current USCIS designation under RIA standards, not just historical approval.

• Assuming TEA Status is Automatic: Under the RIA, TEA designations are no longer automatic or 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 (rural TEA, high-unemployment TEA, or infrastructure), you should highlight this because it may improve visa availability. Projects not claiming set-asides compete against a larger visa pool.

• Underestimating Fee Increases: Regional centers pass higher RIA-mandated fees to investors. Budget for integrity fund fees and compliance costs that did not exist pre-RIA.

• Misunderstanding Concurrent Filing: Concurrent filing allows faster adjustment of status but does not speed up I-526 adjudication. Your case still takes 3-5+ years to approve. Concurrent filing only helps with adjustment of status processing.

Q: If I filed before RIA, am I locked into the old investment amount forever? A: No. Your grandfathering protection expires December 29, 2027. If your case is still pending after that date, USCIS may require you to increase your investment to the new amount.

Q: Can I get a set-aside visa if my project is not rural or high-unemployment? A: No. Set-asides are limited to rural TEAs (20%), high-unemployment TEAs (10%), and infrastructure projects (2%). If your project does not meet these criteria, it competes for unreserved visa numbers.

Q: Does concurrent filing mean my I-485 will be approved first? A: Possibly, but not necessarily. Concurrent filing allows you to pursue both applications simultaneously. Your I-485 may be approved before your I-526, but the timeline depends on USCIS workload and case complexity.

Q: Will the program lapse again after 2027? A: The RIA reauthorization is scheduled for December 2027. Congress will likely reauthorize again, but this is not certain. To be safe, plan to file your I-526 by late 2027 or 2026 to avoid being caught in a potential reauthorization gap.

Q: Does the RIA change the job creation requirement? A: No. The 10-job requirement remains 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 even after 2027? A: No. Grandfathering is time-limited. Your protection ends December 29, 2027. If you have not obtained your conditional green card by then, you may need to increase your investment or withdraw your application.

Q: What happens to pending I-526 cases if the program is not reauthorized in 2027? A: USCIS has historically allowed pending cases to continue processing even after a reauthorization lapse. However, USCIS cannot approve new cases without reauthorization. If you file after 2027 and the program has lapsed, your petition will be rejected.

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

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

• Verify Grandfathering Status: Check whether your I-526 filing date qualifies you for grandfathered investment amounts and understand when your protection expires
• Identify Set-Aside Eligibility: Determine whether your project qualifies for rural TEA, high-unemployment TEA, or infrastructure set-asides and track visa availability
• Confirm Regional Center Status: Verify that your regional center has current USCIS approval under RIA standards, not just historical designation
• Monitor Concurrent Filing: Track the status of your I-485 alongside your I-526 if you are pursuing concurrent filing
• Understand Investment Amounts: See current-year investment amounts (which change annually) and plan your capital requirement
• Alert on Reauthorization Deadlines: Receive notifications as the December 2027 reauthorization deadline approaches, reminding you to file if you want grandfathered status

The EB-5 Reform and Integrity Act of 2022 transformed the program after a five-year lapse. The RIA increased investment amounts, created visa set-asides for priority areas, enabled concurrent filing, and implemented stricter regional center oversight. For grandfathered investors (those who filed before December 2022), the RIA provides savings and opportunities. For new investors, the RIA means higher capital requirements but greater program credibility and stability through 2027.

Understanding the RIA's changes is essential for making informed decisions about whether and when to pursue EB-5. The program is now reauthorized, transparent, and relatively secure through the end of 2027, making it an increasingly viable option for serious investors seeking U.S. immigration.

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.

[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