EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification
Key claim: DHS proposes rules to implement the EB-5 Reform and Integrity Act of 2022, substantially reforming the EB-5 investor visa program and its Regional Center Program with new integrity provisions.
Abstract
(Proposed Rule · Homeland Security Department) This proposed rule would implement the EB-5 Reform and Integrity Act of 2022 (RIA), which the President signed on March 15, 2022. The RIA substantially reforms and adds significant integrity provisions to the employment-based, fifth preference (EB-5) visa category for alien investors and the associated Regional Center Program. In general, under the EB-5 program, aliens are eligible to apply for lawful permanent resident status in the United States if they make the necessary investment in a new commercial enterprise in the United States and create 10 permanent full-time jobs for qualified U.S. workers.
Why this matters
The EB-5 program links foreign investment to lawful permanent residence, and the 2022 RIA overhauled it after prior lapses and fraud concerns. Implementing regulations determine how investors, regional centers, and petitions already in the pipeline are treated, including when petitions can be automatically revoked. The proposed rule signals how DHS intends to operationalize integrity checks that directly affect investor eligibility and program stability.