The Consolidated Appropriations Act, 2022, an omnibus spending bill passed by Congress and signed by President Biden, reauthorizes the EB-5 regional center program for five years, among other things. The bill includes significant changes to the EB-5 program. Selected highlights are below:

  • The EB-5 regional center program is reauthorized until September 30, 2027. 
  • For targeted employment areas (TEAs) or infrastructure projects, the investment will increase to $800,000. For other projects, the required investment is $1,050,000. Existing investors’ petitions will be grandfathered under existing rules. TEA letters are valid for two years.
  • As long as an EB-5 petition is filed by September 30, 2026, U.S. Citizenship and Immigration Services (USCIS) must continue to process it even if the program lapses in the future.
  • Immigrant investor petitions can include concurrent adjustment of status filings.
  • Projects can be changed if a regional center or new commercial enterprise is terminated.
  • USCIS will audit regional centers at least every five years.
  • Third-party agent fees and involvement must be disclosed.

The bill also reauthorizes the Violence Against Women Act. It does not include visa recapture provisions.

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