EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)

Policy effect

Congress enacted statutory reforms repealing and replacing the legacy EB-5 Regional Center Program, reauthorizing the regional center category through September 30, 2027, creating reserved visa subcategories for rural, high-unemployment, and infrastructure projects, and adjusting minimum investment amounts ($800,000 in TEAs / $1,050,000 non-TEA).

Conditions and exceptions

Validated condition or limit: Congress enacted statutory reforms repealing and replacing the legacy EB-5 Regional Center Program, reauthorizing the regional center category through September 30, 2027, creating reserved visa subcategories for rural, high-unemployment, and infrastructure projects, and adjusting minimum investment amounts ($800,000 in TEAs / $1,050,000 non-TEA).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… category to qualified investors who will contribute to the economic growth of the United States by investing in U.S. businesses and creating jobs for U.S. workers. EB-5 investors have historically had the option of participating in the Regional Center Program, which allows an investor to rely on indirect job creation when they invest through a USCIS-designated regional center. Authorization related to the Regional Center Program lapsed at the end of the day on June 30, 2021. On March 15, 2022, the EB-5 Reform and Integrity Act of 2022 was signed into law, revising general eligibility requirements, substantially reforming and codifying the Regional Center Program in INA 203(b)(5), and adding significant new integrity provisions. The law also made certain changes affecting applicants seeking adjustment of status based on the EB-5 category. 1 On October 6, 2022, USCIS published revised guidance for investor petitions to align certain content with the new law. 2 This guidance, contained in Volume 6 of the Policy Manual, further reorganizes and updates Part G, Investors, to incorporate statutory reforms related to regional center designation and responsibilities. USCIS anticipates making future updates to this guidance to provide additional clarifications, as needed. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights 1 See EB-5 Reform and Integrity Act of 2022, Division BB of the Consolidated Appropriations Act of 2022, Pub. L. 117-103, 136 Stat. 49, 1070 (March 15, 2022). 2 See EB-5 Reform and Integrity Act of 2022, PA-2022-23, issued October 6, 2022. To provide feedback on this update, email USCIS at [email protected]. PA-2023-31: EB-5 Regional Center Program Reform Page: 2 • Provides guidance on immigrant …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2022

• 2022-01-28DHS and DOL add 20,000 H-2B visas for first half of FY2022
• 2022-01-30New I-94 spouse codes provide proof of work authorization
• 2022-02-01Eligible evacuated Afghans may reuse overseas medical examinations
• 2022-02-07Longer work-document validity for specified protection and parole categories
• 2022-02-07Restoration of the 30-day processing provision for initial asylum employment authorization
• 2022-02-10Divorce does not end VAWA stepfamily eligibility
• 2022-03-11Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)
• 2022-03-28Citizenship-certificate applicants generally provide photos at appointments
• 2022-04-07USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)
• 2022-04-19DHS designates Ukraine for Temporary Protected Status
• 2022-04-25Implementation of the Uniting for Ukraine Parole Process
• 2022-05-04DHS temporarily increases automatic EAD extension period to 540 days
• 2022-05-06Deferred-action consideration introduced for visa-blocked SIJs
• 2022-05-20DHS designates Afghanistan for Temporary Protected Status
• 2022-05-31DHS and DOJ issue asylum officer processing interim final rule
• 2022-07-20Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition
• 2022-07-25Permanent Adoption of Reproduced Signature Flexibilities
• 2022-08-02Uncharacterized military discharges treated as honorable for military naturalization
• 2022-08-30Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)
• 2022-08-31Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.
• 2022-09-01Resumption of Cuban Family Reunification Parole (CFRP) Operations
• 2022-09-29Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures
• 2022-10-01President sets FY2023 refugee admissions ceiling at 125,000
• 2022-12-12Naturalization receipts extend green-card evidence for 24 months
• 2022-12-15DHS and DOL add 64,716 H-2B visas for FY2023
• 2022-12-23DHS finalizes public charge inadmissibility rule