Texas Border Business
Texas Border Business
The U.S. Department of Homeland Security (DHS) has proposed a rule to further implement the EB-5 Reform and Integrity Act of 2022 and strengthen oversight of the EB-5 investor visa program.
The proposal would codify changes already in effect under the 2022 law, raise the minimum investment to $1.4 million for projects in DHS-designated “High Employment Areas,” and add new definitions intended to improve program integrity. Current law generally requires investments of $1.05 million, or $800,000 for projects in Targeted Employment Areas or infrastructure projects, along with the creation of at least 10 full-time U.S. jobs.
The rule would also give U.S. Citizenship and Immigration Services (USCIS) explicit authority to deny or revoke EB-5 petitions, terminate conditional permanent residence, suspend or terminate regional centers and related entities, and permanently debar participants when fraud, criminal misuse, or public safety or national security concerns are identified.
DHS said the proposal also implements integrity measures approved by Congress in 2022, including reporting, audits, recordkeeping, promoter registration, disclosure requirements, Integrity Fund fees, and penalties for noncompliance.
According to DHS, the new authorities would allow USCIS to act more quickly against fraud and security threats. The agency said that previously it “could not always timely terminate a regional center actively engaged in fraud” because it lacked explicit statutory authority.
The proposed rule is open for public comment through Aug. 31, 2026. Comments may be submitted through https://www.regulations.gov by searching DHS Docket No. USCIS-2026-0100.
