# USCIS Proposes Major EB-5 Investor Visa Overhaul — Comment by August 31 > DHS has finally proposed regulations to implement the EB-5 Reform and Integrity Act of 2022 — four years after the law was signed. The sweeping proposed rule rewrites investment thresholds, tightens fraud protections, overhauls Regional Center oversight, and changes how jobs must be created. If you're an EB-5 investor, regional center operator, or immigration attorney, this rule directly affects your path to a green card. Canonical URL: https://thevisapulse.com/updates/uscis-eb5-reform-integrity-act-proposed-rule-2026 ## At a glance - **Policy status:** Proposal at publication - **Last verified:** Not recorded - **Human review:** No human review recorded - **Published:** 2026-07-02 - **Impact:** high - **Document type:** Proposed Rule - **Source agency:** U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security - **Document number:** 2026-13392 - **Visa types:** EB-5 Publication dates and impact ratings do not establish whether a policy is in force. Verify current status against the linked government evidence. See /about for our editorial process. ## Who is affected - EB-5 immigrant investors - Regional Center operators - New Commercial Enterprises (NCEs) - Job-Creating Entities (JCEs) - Third-party promoters of EB-5 investments - Immigration attorneys handling EB-5 cases ## Key changes - Investment minimums codified at $1.05 million standard and $800,000 for Targeted Employment Areas or infrastructure projects - Bridge financing loophole eliminated — repaid bridge financing can no longer be used to demonstrate job creation - New fraud and national security enforcement tools added, including monetary penalties, suspensions, and debarments for Regional Centers - Regional Centers must now undergo audits, expanded recordkeeping, and register third-party promoters - Troubled business job-preservation pathway removed as an EB-5 eligibility avenue ## What you should do Submit public comments by August 31, 2026 at regulations.gov (Docket No. USCIS-2026-0100). EB-5 investors and Regional Centers should review proposed changes to job creation rules and compliance requirements with immigration counsel. Four years after Congress passed the EB-5 Reform and Integrity Act of 2022 (RIA), USCIS has finally proposed the regulations needed to implement it. Published July 2, 2026, this massive 127-page proposed rule rewrites the rules for foreign investors seeking U.S. green cards through the EB-5 program — touching everything from minimum investment amounts to fraud enforcement to how regional centers must operate. ## At a Glance - **What:** USCIS proposed rule implementing the EB-5 Reform and Integrity Act of 2022, overhauling regulations for foreign investor visa applicants and Regional Centers - **Who:** EB-5 immigrant investors, Regional Centers, New Commercial Enterprises, Job-Creating Entities, and their legal counsel - **When:** Public comment period closes August 31, 2026; final rule effective date not yet set - **Impact:** Significant changes to investment thresholds, job creation rules, fraud enforcement, and Regional Center oversight could affect eligibility and processing for thousands of EB-5 applicants ## What's Changing — and Why It Took So Long The EB-5 program lets foreign nationals obtain U.S. permanent residency by investing in a business that creates at least 10 full-time jobs for American workers. The RIA was signed by President Biden in March 2022 to fix well-documented fraud problems and program abuses — but the regulations to actually enforce it have been pending ever since. This proposed rule finally fills that gap. ## Key Changes in the Proposed Rule **New investment minimums are already law** — the proposed rule codifies them: - **$1.05 million** for standard investments in a new commercial enterprise - **$800,000** for investments in a Targeted Employment Area (TEA) — a rural or high-unemployment region — or an infrastructure project **Job creation rules get stricter.** The rule eliminates the use of repaid bridge financing as a way to demonstrate job creation. This closes a loophole that had let some investors count temporary construction-related financing toward their job creation requirement. **Fraud and national security tools.** DHS gains new authority to suspend, debar, or terminate Regional Centers, New Commercial Enterprises, and Job-Creating Entities for fraud or national security threats — with monetary penalties as an enforcement option. **Regional Centers face tighter oversight.** The rule requires audits, expanded recordkeeping, registration of third-party promoters, and new bona fide requirements for people involved in operating Regional Centers. **Investor protections added.** Good-faith investors who were misled by bad-actor Regional Centers gain new protections, including amended petition processes if their Regional Center is terminated. **Priority date retention** is being formally implemented, which matters for investors from oversubscribed countries like China and India facing long visa backlogs. **Troubled businesses removed as an eligibility avenue.** Previously, investors could meet job-creation requirements by preserving jobs at a struggling business. That pathway is being eliminated. ## The Cost of Compliance DHS estimates annualized economic impacts between $38.8 million and $85.4 million per year (at a 7% discount rate), affecting investors, Regional Centers, and associated businesses. Most costs stem from new administrative, documentary, and auditing requirements — not direct fees. ## What You Should Do This is a **proposed rule** — nothing is final yet. But the comment period closes **August 31, 2026**, and your input can shape the final regulation. - **EB-5 investors:** Review how the job creation changes and investment threshold codification affect your current or planned petition. - **Regional Centers:** Pay close attention to new audit, recordkeeping, and promoter registration requirements — and comment if the compliance burden seems unworkable. - **Immigration attorneys:** Submit targeted comments referencing specific CFR sections, with data to back up any recommended changes. Generic comments carry less weight. - Submit comments at [regulations.gov](http://www.regulations.gov), Docket No. USCIS-2026-0100. No emails, no mail — online only. ## Sources - Government source · federalregister.gov: https://www.federalregister.gov/documents/2026/07/02/2026-13392/eb-5-reform-and-integrity-act-of-2022-ensuring-the-integrity-of-the-eb-5-program-automatic - Source PDF: https://www.govinfo.gov/content/pkg/FR-2026-07-02/pdf/2026-13392.pdf --- _The Visa Pulse — Immigration Policy, Explained. Informational coverage of U.S. immigration policy, not legal advice._ - HTML version: https://thevisapulse.com/updates/uscis-eb5-reform-integrity-act-proposed-rule-2026 - Markdown version: https://thevisapulse.com/updates/uscis-eb5-reform-integrity-act-proposed-rule-2026.md - Agent instructions: https://thevisapulse.com/llms.txt - Sitemap: https://thevisapulse.com/sitemap.xml