This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On July 2, 2026, the Department of Homeland Security (DHS) published a proposed rule (PDF) that would implement the EB-5 Reform and Integrity Act of 2022 (RIA), which former President Joe Biden signed on March 15, 2022.
In addition to DHS’s general call for comments, the agency is specifically seeking comments on:
- Audits and a regional center’s record-keeping requirements;
- The types of projects that may meet the definition of an infrastructure project;
- The high unemployment area designation process, including the most appropriate data sources to calculate weighted unemployment average of census tracts and how a regional center should renew the designation of a previously designated high unemployment area;
- Redeployment of alien investor capital, including the process a regional center should use to document its compliance with the statutory requirements; and
- The process for registering direct and third-party promoters of a regional center, new commercial enterprise or job-creating entity.
DHS also invites comments on the economic analysis supporting the rule and the proposed form revisions. Written comments must be submitted by August 31, 2026.
For more information, contact the Immigration Group.
