Serge Bauer, P.C.

Please be advised that the EB-5 Immigrant Investor Program has been reauthorized, through September 30^th, 2027. The EB-5 Regional Center Program – which has been lapsed since July 1^st, 2021 – was reauthorized under the “EB-5 Reform and Integrity Act of 2022,” as of March 11^th, 2022.

Several updates and “integrity measures” will now become part of EB-5 law. Most importantly, the legislation includes “grandfathering” language that would allow USCIS to continue processing petitions for immigrant investors filed on or before September 30, 2026, if Congress does not further reauthorize the Regional Center program in the future.

There are several changes of note in the reauthorization, the most significant to the investor including:

• Increased investment to $1,050,000, or $800,000 for investments in rural areas or in areas of high unemployment or in infrastructure projects;
• “Reserved Visas” for immigrants to invest in rural areas (20% or about 2,000), or in areas of high unemployment (10% or about 1,000); or in infrastructure projects (2% or about 200);
• “Age-out” protections for conditional permanent resident children who remain unmarried and whose parents refile a new Form I-526 within one year after termination of conditional lawful permanent resident status;
• Concurrent filings of Form I-526 and Form I-485 (adjustment of status) for those applicants whose visa number is immediately available from the US Department of State;
• Protections for good-faith investors following termination of a Regional Center or debarment of a new commercial enterprise or job-creating entity.

There are additional changes specific to documentation, job creation, Regional Center authorization, and other matters which will enhance the reauthorized EB-5 program. If you have any questions concerning the above, or additional measures, please do not hesitate to contact us about further details regarding this historic reauthorization.