PRESS RELEASE : For Immediate Release
August 17, 2026
DHS Proposes Major EB-5 Compliance and Investment Updates
Washington, D.C. : The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has issued a notice of proposed rulemaking to implement the EB-5 Reform and Integrity Act of 2022. The proposal would create a more detailed regulatory framework for EB-5 investors, regional centers, new commercial enterprises, job-creating entities, and promoters.
The proposed framework addresses investment thresholds, capital sustainment, source-of-funds documentation, regional center oversight, audits, fund administration, promoter conduct, and enforcement. It also proposes a $1.4 million investment tier for qualifying high-employment areas and confirms a two-year capital sustainment period for post-2022 EB-5 petitions.
The proposed rule is not yet final. DHS is accepting public comments through August 31, 2026, under DHS Docket No. USCIS–2026–0100. Stakeholders may submit comments through Regulations.gov.
Key EB-5 Regulatory Changes Investors Should Understand
The proposed regulations would affect several core elements of the investor visa process.
New high-employment investment tier
For qualifying investments in a high-employment area, DHS proposes a minimum investment of $1.4 million. The proposed tier would apply after the final rule becomes effective and the applicable implementation period expires.
The proposed high-employment category is intended for qualifying areas within metropolitan statistical areas that are not Targeted Employment Areas and have unemployment significantly below the national average. DHS proposes to define the area using the census tract or contiguous census tracts where the new commercial enterprise principally does business.
For comparison, the current statutory investment amounts established by the 2022 Reform and Integrity Act are:
- $1.05 million for standard EB-5 investments;
- $800,000 for investments in a qualifying Targeted Employment Area or infrastructure project; and
- $1.4 million, if finalized, for investments in qualifying high-employment areas.
The law also provides for automatic inflation adjustments beginning January 1, 2027, and every five years thereafter.
Two-year capital sustainment period
The proposed framework reinforces the post-RIA requirement that qualifying EB-5 capital remain invested for at least two years.
For post-RIA petitions, the sustainment period generally begins when the full required investment has been contributed to the new commercial enterprise and placed at risk in a qualifying job-creating activity. Where applicable, the capital must also be made available to the job-creating entity.
This is an important change from the pre-RIA framework, under which investors generally had to maintain the investment throughout the period of conditional permanent residence. Investors should still review the specific investment documents, project structure, filing date, and applicable USCIS requirements before assuming that capital may be returned.
Stronger source-of-funds and path-of-funds documentation
The proposed rule would reinforce the requirement that investment capital be obtained through lawful sources and lawful means. Investors may need to document:
- How the capital was accumulated;
- The investor’s legal ownership of the funds;
- Transfers between accounts and jurisdictions;
- Currency exchanges and financial intermediaries;
- Loans, gifts, property sales, business income, or dividends;
- Tax records and financial statements; and
- The complete path of funds into the new commercial enterprise.
For affluent investors and family offices, this means EB-5 planning should be coordinated with existing wealth management, tax, banking, and asset-structuring strategies. A strong financial position does not eliminate the need for detailed documentation. In many cases, the more complex the investor’s portfolio, the more important it becomes to create a clear and consistent financial record before filing.
Enhanced Regional Center and Project Compliance Standards
The proposed framework would place additional operational responsibilities on regional centers and associated entities.
Separate accounts and fund administration
Regional center investor capital would generally need to be held in a separate account maintained at a federally regulated bank or qualifying financial institution. The account would be restricted to funds associated with the applicable capital investment project, subject to permitted interest and transfers.
The proposal also addresses fund administrators and controls over capital disbursements. Depending on the project structure, an administrator may be expected to:
- Monitor transfers from separate accounts;
- Confirm that transfers comply with governing documents;
- Approve transfers through written or electronic authorization;
- Maintain transaction records; and
- Provide investors with periodic account information.
These controls are designed to improve transparency and reduce the risk of commingling, improper transfers, or unsupported project expenditures.
Audits, site visits, and recordkeeping
USCIS must audit each designated regional center at least once every five years. Audits may include reviews of applications, annual statements, financial records, internal controls, capital flows, project documentation, and personnel interviews.
USCIS may also conduct site visits involving regional centers, new commercial enterprises, job-creating entities, and locations where jobs are claimed. Regional centers should be prepared to preserve and produce books, ledgers, records, investor information, fund-flow documentation, and supporting evidence.
Failure to cooperate with an audit or site visit could create serious consequences, including termination of a regional center’s designation.
Promoter registration and marketing standards
Direct and third-party promoters, including migration agents, would be required to register with USCIS before engaging in promotional activities connected to regional center offerings.
Promotional materials must accurately describe the EB-5 process and must not guarantee visa approval, repayment of capital, or investment performance. Fee arrangements and material conflicts of interest must be disclosed in writing.
This requirement is especially relevant to international investors who receive EB-5 information through overseas agents, private wealth advisors, referral networks, or investment consultants.
What EB-5 Means for Your Pathway to U.S. Citizenship
The EB-5 program was created by Congress to stimulate U.S. economic growth through foreign investment and job creation. An investor generally must invest in a qualifying new commercial enterprise and create at least 10 full-time jobs for qualifying U.S. workers.
Regional center investors may rely on reasonable economic methodologies to demonstrate direct and indirect job creation. However, the investment must still satisfy the applicable requirements for lawful capital, project eligibility, job creation, and sustainment.
The typical immigration pathway includes:
- Selecting an eligible investment structure and project;
- Documenting the lawful source and path of funds;
- Filing the applicable EB-5 petition with USCIS;
- Applying for an immigrant visa abroad or adjustment of status in the United States, if eligible;
- Receiving conditional permanent residence;
- Maintaining the qualifying investment and creating the required jobs;
- Filing to remove conditions on permanent residence; and
- Pursuing U.S. citizenship separately after meeting naturalization requirements.
EB-5 can provide a pathway to lawful permanent residence, but it does not automatically grant citizenship. Naturalization involves additional requirements, including applicable residence, physical-presence, good-moral-character, English-language, and civics requirements.
Pathway to USA’s Immigration and Compliance Perspective
“The proposed EB-5 framework makes one point clear: successful investor immigration requires more than transferring capital. Investors must align their immigration strategy, wealth management records, business objectives, project diligence, and compliance systems from the beginning. A well-organized process gives families greater clarity while helping them remain focused on building their future in the United States.”
: Leadership and immigration experts at Pathway to USA
Pathway to USA helps wealthy immigrants, entrepreneurs, and global investors evaluate investor visa options, coordinate with independently licensed immigration attorneys, and structure a practical roadmap for launching or acquiring a U.S. business.
Our team can assist with:
- Investor visa pathway assessment;
- U.S. business sourcing and acquisition planning;
- Business entity and operational setup coordination;
- Source-of-funds documentation workflows;
- Legal coordination with licensed immigration counsel;
- Compliance milestone tracking; and
- Ongoing support for banking, vendors, leasing, and business operations.
Pathway to USA also uses workflow automation AI to simplify recurring administrative tasks, organize documentation, track deadlines, and coordinate project milestones. This allows you to spend more time on your core business goals while maintaining visibility across your immigration and business launch process.
Learn more about Pathway to USA services or begin with the EB-5 and investor visa pre-qualification process.
Recommended Next Steps for Investors
If you are considering EB-5, take action before committing capital:
- Review the proposed rule and confirm whether your intended filing date is affected.
- Determine whether your project qualifies as a standard, TEA, infrastructure, or high-employment investment.
- Prepare a complete source-of-funds and path-of-funds inventory.
- Evaluate the regional center’s compliance history, project documents, fund controls, and job-creation methodology.
- Coordinate with qualified tax, wealth management, financial, and immigration professionals.
- Monitor the final rule, implementation date, investment thresholds, and USCIS guidance.
Investment-based immigration carries financial and legal risks. The proposed rule may change before finalization, and USCIS determines eligibility and approval on a case-by-case basis.
For a confidential strategy discussion, contact Rachel at Pathway to USA:
- Email: rachel@pathwaytousa.com
- Phone: +1-704-777-4842
- Consultation: Book a strategy session
Pathway to USA is a business consulting firm and does not provide legal advice. Immigration legal services are provided by independently licensed attorneys within our referral network. No attorney-client relationship is created through this article or website. Visa approval is determined solely by USCIS and is never guaranteed. Business acquisition and investment involve inherent risk.
