The Consolidated Appropriations Act, 2022, an omnibus spending bill passed by Congress and signed by President Biden, includes immigration-related provisions to reauthorize the EB-5 regional center program for five years. The bill includes several important changes to the program:
- 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.