EB-5 2022 Reform
EB-5 Reform and Integrity Act of 2022
Understand the federal legislation that reauthorized and substantially restructured the EB-5 Regional Center Program and amended the permanent EB-5 statute.
Direct answer
What the governing framework requires
The EB-5 Reform and Integrity Act of 2022 was enacted as Division BB of Public Law 117-103. It reauthorized the Regional Center Program under a new statutory framework and made major changes to EB-5 investment amounts, reserved visas, targeted employment areas, regional-center oversight, project filings, promoter rules, integrity measures, investor protections, sustainment, and treatment of certain program noncompliance.
01 · Reform
Congress rebuilt the regional-center framework
The 2022 Act did more than extend an expiration date. It placed extensive regional-center and investor provisions directly into the statutory framework.
02 · Investment Amounts
The Act changed the statutory investment structure
Current investment amounts and future inflation adjustments should be analyzed under the amended statute rather than obsolete pre-2022 summaries.
03 · Reserved Visas
The Act created reserved visa categories
The amended law reserves portions of annual EB-5 visa availability for rural, high-unemployment, and infrastructure investments.
04 · Integrity
The Act added extensive compliance obligations
Regional-center oversight, annual statements, audits, promoters, fund administration, project submissions, and sanctions became central parts of the statutory program.
05 · Investor Protections
The Act addresses certain program failures and noncompliance
Current USCIS policy interprets statutory protections and procedures for good-faith investors affected by specified regional-center, new-commercial-enterprise, or job-creating-entity noncompliance.
06 · Codification
Use the current INA for operative statutory language
The enacted public law is essential for legislative history, transition rules, effective dates, and program structure, while many operative provisions now appear in the amended INA and U.S. Code.
Questions and answers
Frequently asked questions
Where was the EB-5 Reform and Integrity Act enacted?
Division BB of Public Law 117-103.
Did it reauthorize the Regional Center Program?
Yes, under a new statutory framework.
Did it create reserved visas?
Yes.
Did it add regional-center integrity requirements?
Yes.
Did it amend INA § 203(b)(5)?
Yes.
Should current EB-5 analysis still rely only on pre-2022 program descriptions?
No.
Case-specific review
Apply the authority to the facts
A legal authority is useful only when it is matched to the correct classification, procedural posture, evidence, and current version of the law.
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