On July 2, 2026, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would update the EB-5 investor regulations to more fully implement the EB-5 Reform and Integrity Act of 2022. The proposal is not yet final, and public comments are due by August 31, 2026. Still, investors, families, regional centers, developers, and promoters should review the proposal now because some provisions reflect existing law or current USCIS practice.
What Changed
EB-5 is the immigrant investor program that may allow a foreign national, spouse, and qualifying children to pursue green cards if the investor makes a qualifying investment in a U.S. business and creates at least 10 full-time jobs for qualified U.S. workers.