EB-5 Reform 2026: DHS Proposes Major Changes to Regional Center Program – Higher Investment for High Employment Areas, Stronger Oversight & Priority Date Retention
- Xavi
- Jul 2
- 2 min read
Updated: Jul 2
Washington D.C., 2 July 2026 — The Department of Homeland Security (DHS) has released a long-awaited proposed rule to fully implement key provisions of the EB-5 Reform and Integrity Act of 2022, introducing significant updates to the EB-5 Regional Center Program that could reshape investment immigration to the United States.
The proposal, scheduled for publication in the Federal Register on July 2, 2026, invites public comments for a 60-day period and intends to formalize improved compliance measures, modify investment thresholds, and offer increased clarity for investors and regional centers.
Key Proposals in the 2026 EB-5 Rule
1. Increased Minimum Investment for High Employment Areas DHS proposes raising the minimum investment amount for projects in high employment areas to $1,400,000 (from the standard $1,050,000). This marks the first formal definition and differential treatment of high employment areas under the program.
2. Stronger Compliance and Oversight
Mandatory biometrics collection at the I-526 petition stage.
Codified audit and site visit requirements for Regional Centers (at least every five years).
Expanded sanctions, including fines, suspension, and debarment for violations.
Clearer rules on document retention and project compliance.
3. Priority Date Retention Investors would be allowed to retain their priority date even if a Regional Center or New Commercial Enterprise is terminated or debarred, or if there is a material change to the initial petition, provided they take specific steps to preserve eligibility.
4. Capital Definition & Source of Funds The rule clarifies what qualifies as “capital” (tangible assets with verifiable value) and reinforces fair market valuation standards. DHS also invites comments on how to handle digital assets in source of funds reviews.
5. Other Important Changes
Limits on redeployment of capital for Regional Center investors.
Stricter requirements for comprehensive business plans.
Confirmation that investments must remain “at risk” until conditional permanent residence is granted.
Background and Next Steps
The EB-5 Reform and Integrity Act of 2022 reauthorized the Regional Center Program through September 30, 2027, and introduced numerous integrity measures. Many of these changes have already been in effect since 2022, but this proposed rule seeks to formally codify them while addressing implementation gaps.
DHS will receive public comments for 60 days after publication. After reviewing feedback, the agency will issue a final rule with an effective date typically 30–60 days later.
For the latest EB-5 news, Regional Center Program updates, investment threshold changes, and 2026 EB-5 reform analysis, visit: visasupdate.com/blog/categories/usa
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