Reauthorization Period: 5 years (until 2027)
Minimum Investment Amount: $800,000 (TEA), $1.05 million (non-TEA). Starting from 2027 and thereafter, the EB-5 investment amount will automatically adjust every 5 years.
Reserved Visas and Visa Carryover: Out of the annual quota of 10,000 visas, 20% are reserved for rural projects, 10% for high-unemployment urban projects, and 2% for infrastructure projects. Any unused visas within a fiscal year will be carried over to the same category in the next year.
TEA – Adjacent Census Tracts in High Unemployment Areas: High unemployment areas in each applicable census tract and any adjacent area where the NCE primarily conducts business with an average unemployment rate not less than 150% of the national average. Similar to the definition in the 2019 EB-5 Modernization Rule.
TEA Definition and Duration: TEA can only be designated by the Department of Homeland Security or other federal officials. States and local governments cannot designate TEAs. TEA designations are valid for 2 years and can be renewed for another 2 years.
TEA – Infrastructure Projects: Projects managed by government entities (federal, state, or local) that create jobs, receive EB-5 capital investment from a New Commercial Enterprise (NCE) as part of the Regional Center Program for maintenance, improvement, or construction of a public works project.
Child Age Determination: If the principal applicant submits a new I-526 application, their children who are 21 years old and have received conditional green cards, as dependents of a principal applicant whose conditional status has been terminated or whose I-829 application denied, can still be considered as under 21 years old (if still unmarried).
Priority Processing: USCIS will prioritize (undefined) applications from rural areas.
Concurrent Filing: If the approval of the I-526 application would immediately result in a visa for the EB-5 investor (i.e., the visa bulletin shows availability), they may file an I-485 adjustment of status application concurrently with or after the I-526 application.
Job Creation for Regional Center Projects: Only 90% of indirect employment can count towards the required job creation. 10% of direct job creation can still be determined using economically and statistically valid methods. If construction activity lasts less than two years, only 75% may be indirect employment. Tenant occupancy can be counted if it's not a relocated job.
EB-5 Investment Cannot Be Used to Purchase Bonds: EB-5 capital should not be used by NCE to purchase municipal bonds or any other bonds.
Reinvestment Guidelines – Not for Stocks or Bonds: The Department of Homeland Security will issue new regulations regarding EB-5 reinvestment. The 2022 EB-5 Reform Act allows reinvestment anywhere in the U.S. (regardless of the location of the regional center or NCE), provided that: (1) the NCE has faithfully executed the business plan without significant changes; (2) the NCE has created sufficient jobs for all NCE investors; (3) the JCE has repaid the capital invested in the initial project; (4) the capital is at risk, not to be invested in passive investments like stocks or bonds.
Source of Funds Requirement: EB-5 investors must prove the lawful source of all funds for the EB-5 capital and for paying management fees and other expenses. Documents include all tax returns filed in the past 7 years. For gifts and loans, funds cannot be used unless they are bona fide gifts/loans and not given/lent to evade any restrictions on permissible sources. Donors and lenders must provide similar source of funds documents, except for bank loans.
Priority Date Retention: If the regional center, NCE, or JCE is terminated or prohibited from participating in the EB-5 program, the EB-5 investor may retain their priority date (and prevent beneficiary children from aging out), provided that within 180 days, the investor's NCE is affiliated with another approved regional center, or the investor makes a qualified investment in another new NCE.
Grandfathering Clause: For any applications submitted before or on September 30, 2026, USCIS shall continue to process I-526 and I-829 applications, even if the EB-5 Regional Center Program expires. The program's expiration is not a basis for denial, and the Department of Homeland Security shall not suspend or terminate visa allocation to approved applications.