DHS Proposes EB-5 Rule Changes: Minimum Investment in High-Employment Areas Would Rise to $1.4 Million

On July 2, 2026, the U.S. Department of Homeland Security (DHS) released a new regulatory proposal aimed at strengthening the employment-based fifth preference (EB-5) "investment immigration" visa category and further implementing the EB-5 Reform and Integrity Act of 2022 (RIA). The RIA had previously introduced substantial reforms to the EB-5 program. The new proposal is titled "EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Immigrant Classification Petitions."

Although the new rule mainly implements and codifies changes already in effect since the RIA took effect, it also proposes one significant modification. DHS proposes raising the minimum investment threshold for projects designated as "high-employment areas" to $1.4 million. In addition, the new rule adds several definitions intended to strengthen program integrity management. The relevant law allows the Secretary of Homeland Security to set minimum investment amounts in these areas at up to three times the standard investment amount.

Under the usual EB-5 program rules, a foreign applicant may apply for U.S. lawful permanent resident status if they make the required investment in a new commercial enterprise in the United States and create 10 permanent full-time jobs for qualifying U.S. workers. Under the RIA's amended provisions, a foreign applicant generally needs to invest at least $1.05 million in a new commercial enterprise (NCE) and create at least 10 full-time jobs for qualifying employees in the United States to obtain lawful permanent resident status (a green card). If the investment is located in a "targeted employment area" (TEA) or an infrastructure project, the applicant needs to invest only $800,000. A TEA is a rural area or a high-unemployment area designated by DHS.

For foreign applicants eligible under the EB-5 program, approximately 9,940 immigrant visa numbers are available each fiscal year. In addition, the Immigration and Nationality Act sets aside 20% of visa numbers each year for qualifying applicants who invest in rural areas, 10% for qualifying applicants who invest in high-unemployment areas, and 2% for qualifying applicants who invest in infrastructure projects.

In addition to raising the minimum investment threshold for "high-employment area" projects, the new rule provides U.S. Citizenship and Immigration Services (USCIS) with a detailed regulatory framework. Once USCIS identifies abuse or security vulnerabilities in the EB-5 program, it can use this framework to address them. Specifically, when USCIS finds fraud, abuse, criminal misuse, or other conduct that threatens public safety or national security, the new rule expressly authorizes the agency to take the following actions:

• Deny EB-5 petitions;

• Revoke approved petitions;

• Terminate conditional permanent residence;

• Terminate regional center designation;

• Permanently bar the individuals involved from participating in the program.

The proposed new rule also expressly authorizes USCIS, during an investigation, to suspend the activities of regional centers, new commercial enterprises, job-creating entities, and promoters.

These provisions stem from the RIA. That law gives DHS discretion: when it determines that a public safety or national security threat exists, or when an application for EB-5 program benefits is based on fraud, deceit, intentional misrepresentation, or criminal misuse, DHS has the authority to deny or revoke the relevant benefits. As DHS explained: "Previously, because these provisions were lacking, USCIS could not take direct action on applications involving public safety or national security threats. Without a statutory basis for disqualification or program termination, USCIS had no grounds to terminate a regional center's designation, nor could it bar individuals or applicants connected to hostile foreign governments from participating in the program." In addition, "because of the lack of clear statutory authority, USCIS could not always promptly terminate regional centers actively engaged in fraud, and thus could not prevent foreign investors from suffering greater losses or effectively maintain the ongoing integrity of the EB-5 program."

The proposal would also implement many integrity measures that Congress passed in 2022. These measures include annual reporting requirements, integrity fund fees, audit requirements, recordkeeping requirements, promoter registration, disclosure requirements, and sanctions for violations.

Anyone can participate in this rulemaking process by submitting public comments. The comment period for the proposed rule will close on August 31, 2026. Before then, the public may submit feedback by searching for "DHS Docket No. USCIS-2026-0100" on the regulations.gov website. Comments may include support, opposition, or relevant policy alternatives. Typically, all comments are made publicly available for review. Before finalizing the rule, the agency must review and respond to all relevant comments.