The EB-5 Reform and Integrity Act of 2022 (“RIA”) made significant changes to the U.S. EB-5 Immigrant Investor Program. This program enables international investors and their immediate family members to apply for U.S. Permanent Residency and obtain “green cards” by making a significant investment in a U.S. company and creating jobs for U.S. workers.
The primary features of the RIA include:
- The EB-5 Regional Center Program has been reauthorized and improved for better stability;
- An increase in the program’s minimum investment requirements;
- Changes to the criterion for Targeted Employment Areas;
- Strengthened integrity procedures to improve the program’s transparency and security;
- The creation of new Reserved Visa categories;
- Investors in the program will benefit from enhanced protections;
This is the first article in a series in which we will explain every aspect of the RIA and how it may impact foreign nationals and international investors that are considering making an investment into the U.S. to obtain Lawful Permanent Residence for themselves and their qualify family members. Stay tuned for further articles coming soon.
Frequently Asked Questions About the EB-5 RIA
What is the EB-5 Reform and Integrity Act of 2022 (RIA)?
The EB-5 Reform and Integrity Act of 2022 (RIA) is legislation enacted by the U.S. Congress on March 15, 2022 that comprehensively reformed the EB-5 Immigrant Investor Program. Key changes include: reauthorization of the Regional Center Program through September 30, 2027; new minimum investment thresholds of $800,000 (TEA) and $1,050,000 (standard); new reserved visa categories (32% of annual EB-5 visas); and enhanced investor protections including Section 108 lapse protection.
How did RIA change EB-5 investment amounts?
RIA increased the minimum EB-5 investment to $800,000 for projects in a Targeted Employment Area (TEA – including rural areas, high unemployment areas, and infrastructure projects), and $1,050,000 for projects outside a TEA. Before RIA, these thresholds were $500,000 and $1,000,000 respectively. RIA also authorized USCIS to adjust amounts periodically for inflation – the first such mechanism in program history.
What are the EB-5 reserved visa categories under RIA and how do they benefit Vietnamese and Filipino investors?
RIA reserves 32% of annual EB-5 visas for three categories: 20% for rural area projects, 10% for high unemployment area projects, and 2% for infrastructure projects. As of 2026, these reserved categories are “current” – meaning no visa backlog for Vietnamese and Filipino investors. This provides two advantages: a lower minimum investment of $800,000 and no waiting period for visa availability.
What does the September 30, 2026 RIA deadline mean for investors?
Under Section 108 of RIA, investors who file a valid Form I-526E on or before September 30, 2026 are protected even if the Regional Center program lapses after that date – USCIS must continue processing their petitions and cannot stop visa allocation for approved cases. Investors filing after this date will not have this protection if the program lapses. Given that source of funds documentation typically takes 2-4 months to prepare, investors should begin the process immediately.
What changed about TEA designation under RIA?
Before RIA, individual states controlled Targeted Employment Area (TEA) designation, leading to “gerrymandering” where some states drew creative boundaries to qualify urban projects for lower investment thresholds. RIA transferred TEA designation authority to USCIS under uniform federal standards. Rural areas must be outside an MSA and outside cities/towns with 20,000+ population. High unemployment areas must have an unemployment rate of at least 150% of the national average.
If you have question about the EB-5 visa, contact us at info@enterlinepartners.com.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
