Important Updates
Important Updates
July 1, 2025 | Republic of Korea (South Korea)South Korea: Update on In-Country Dependent Visa Applications
July 1, 2025 | 🌐Minimum Salary Changes Announced
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 1, 2025 | Saudi ArabiaSaudi Arabia: Visit Visa Entry and Exit Restrictions for Select Nationals
July 1, 2025 | Republic of Korea (South Korea)South Korea: Update on In-Country Dependent Visa Applications
July 1, 2025 | 🌐Minimum Salary Changes Announced
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 1, 2025 | Saudi ArabiaSaudi Arabia: Visit Visa Entry and Exit Restrictions for Select Nationals
July 1, 2025 | Republic of Korea (South Korea)South Korea: Update on In-Country Dependent Visa Applications
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

United States: Congress Reauthorizes EB-5 Regional Center Program and Increases EB-5 Investment Minimums

March 11, 2022

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The EB-5 Regional Center Program will be reauthorized through Fiscal Year 2027 in appropriations legislation passed by Congress late Thursday; the program had been expired since June 30, 2021.
  • The law imposes a new minimum investment of $1,050,000 for standard EB-5 investments and $800,000 for investments in Targeted Employment Areas (TEAs), and allocates a portion of the EB-5 immigrant visa quota to investments in rural areas, high unemployment areas, and infrastructure projects.
  • With the reauthorization, USCIS will be able to accept new Regional Center filings and continue to adjudicate pending cases that were suspended after last year’s program expiration, but it is not yet clear when the agency will do so. An announcement is expected in the coming weeks.

The issue

Congress has passed the EB-5 Reform and Integrity Act of 2022, which reauthorizes the EB-5 Regional Center Program through September 30, 2027, increases minimum EB-5 investments, and sets aside part of the annual EB-5 immigrant visa quota for investment in rural areas, high unemployment areas, and infrastructure projects. The new law is part of the FY 2022 federal appropriations legislation, which President Biden is expected to sign shortly.

Impact on foreign nationals with pending Regional Center filings

The EB-5 Regional Center Program, a subcategory of the EB-5 Immigrant Investor Program, had been suspended since June 30, 2021, when its congressional authorization expired.  The new law will allow USCIS to resume processing pending cases that were held in abeyance by the agency when the Regional Center Program expired in June 2021.  The law prohibits the denial of a petition based on the expiration of the program and directs the agency to continue to allocate immigrant visa numbers to petitioners whose Regional Center-based cases were filed before September 30, 2026, which includes cases filed before last year’s expiration. It is not yet clear when USCIS will take up pending cases, but agency guidance is expected in the near future.

Increase in investment minimums

On enactment, the statute will increase the minimum investment amount for EB-5 projects to $1,050,000, from $1,000,000. The minimum investment for targeted employment areas (TEAs) will increase to $800,000, from $500,000. The minimum investment for infrastructure projects will be $800,000. (Under regulations that were ultimately vacated by a federal court, the EB-5 investment minimum was increased to $1,800,000 for standard EB-5 investments and $900,000 for TEAs from November 19, 2019 until June 22, 2021.)

Beginning January 1, 2027, and every five years thereafter, the minimum investment amount for standard EB-5 projects will be subject to increases keyed to the Consumer Price Index. For TEAs and infrastructure projects, the minimum investment amount will be increased to 60% of the standard investment minimum.

Allocation of EB-5 immigrant visas

The new law sets aside 32% of the annual EB-5 immigrant visa quota for specific types of EB-5 projects:

  • 20% of EB-5 immigrant visas are reserved for foreign nationals who invest in a rural area of the United States;
  • 10% are reserved for foreign nationals investing in a high unemployment area as designated by USCIS;
  • 2% are reserved for investors in a new category for qualifying infrastructure projects administered by a federal, state or local government entity.

If there are unused visas in any of the three listed subcategories, those visas will be made available in the same category during the succeeding fiscal year. If not used in the succeeding fiscal year, they will be added to the overall EB-5 quota in the following fiscal year.

Other key provisions of the new law

  • Concurrent filing of EB-5 petitions and green card applications. Investors for whom an EB-5 immigrant visa is immediately available will be permitted to file their EB-5 petitions at the same time as their applications for adjustment of status to permanent residence, or file an adjustment with a pending EB-5 petition. This will enable them to obtain employment authorization and travel permission while their cases are pending.
  • EB-5 processing priorities. The new law directs USCIS to give processing priority to EB-5 petitions for investment in rural areas.
  • Increased monitoring and enforcement. Regional Centers will be subject to regular audits and enhanced recordkeeping obligations. They will also be obligated to pay an annual fee of $20,000 (or $10,000 for Regional Centers with 20 or fewer investors) that will be allocated to an EB-5 Integrity Fund. 
  • Federal authority to designate Targeted Employment Areas. The Department of Homeland Security will be invested with the sole authority to designate TEAs; state and local government authorities will no longer have the ability to make these designations. This provision of the new law echoes a previous regulation that was struck down by a federal court in 2021.
  • Additional fees for EB-5 petitioners. Foreign investors will be required to pay a new $1,000 fee that will be allocated to the Integrity Fund.
  • New safeguards for foreign investors. The new law permits good-faith investors to complete the permanent residence process despite the termination or debarment of an EB-5 entity or Regional Center, or in the event that the Regional Center Program expires in the future.

Fragomen is closely following implementation of the new law and will provide updates as USCIS issues policy and processing guidance.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Media mentions

Global Mobility Lawyer: DOL Plans “Emergency Agency” to Approve H-2A Visas

Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Tensions Show Importance of Caring for Mobile Talent

Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Media mentions

Global Mobility Lawyer: DOL Plans “Emergency Agency” to Approve H-2A Visas

Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Tensions Show Importance of Caring for Mobile Talent

Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.