Skip to main content
This is the USCIS preview website. Visit uscis.gov for the official USCIS site.
USCIS Response to Coronavirus (COVID-19)
U.S. flag
An official website of the United States government    Here's how you know
Español
Multilingual Resources
Official Government Website

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Website

Secure .gov websites use HTTPS
A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
 
Sign In  
Access USCIS online services.
  • Sign In
  • Create Account
Sign In
Create Account
Horizontal Menu
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
  • Contact us
  • Multilingual Resources
  • Ask Emma
Main navigation
Skip to main content
  • Working in the United States
    • International Entrepreneur Parole
    • Temporary Workers
      • CW-1: CNMI-Only Transitional Worker
      • E-1 Treaty Traders
      • E-2 CNMI Investor
      • E-2 Treaty Investors
      • E-3 Certain Specialty Occupation Professionals from Australia
      • H-1B Specialty Occupations and Fashion Models
      • H-2A Agricultural Workers
      • H-2B Non-Agricultural Workers
      • H-3 Nonimmigrant Trainee
      • I Representatives of Foreign Media
      • L-1A Intracompany Transferee Executive or Manager
      • L-1B Intracompany Transferee Specialized Knowledge
      • O-1 Individuals with Extraordinary Ability or Achievement
        • O Nonimmigrant Classifications: Question and Answers
      • P-1A Internationally Recognized Athlete
      • P-1B Member of Internationally Recognized Entertainment Group
      • P-2 Performer or Group Performing under Reciprocal Exchange Program
      • P-3 Artist or Entertainer Part of a Culturally Unique Program
      • Q Cultural Exchange
      • R-1 Temporary Religious Workers
      • TN NAFTA Professionals
    • Permanent Workers
      • Employment-Based Immigration: First Preference EB-1
      • Employment-Based Immigration: Second Preference EB-2
      • Employment-Based Immigration: Third Preference EB-3
      • Employment-Based Immigration: Fourth Preference EB-4
        • Special Immigrant Juveniles
        • Religious Workers
      • Employment-Based Immigration: Fifth Preference EB-5
        • EB-5 Immigrant Investor Regional Centers
        • About the EB-5 Visa Classification
        • EB-5 Immigrant Investor Process
    • STEM Employment Pathways
      • Immigrant Pathways for STEM Employment in the United States
      • Nonimmigrant Pathways for STEM Employment in the United States
    • Students and Exchange Visitors
      • Conrad 30 Waiver Program
      • Exchange Visitors
      • Students and Employment
    • Temporary Visitors for Business
      • B-1 Temporary Business Visitor
      • GB Temporary Business Visitor to Guam
      • WB Temporary Business Visitor under Visa Waiver Program
    • Information for Employers and Employees
      • Automatic Employment Authorization Document (EAD) Extension
      • DHS Support of the Enforcement of Labor and Employment Laws
      • Employer Information
        • Employment Authorization
        • VIBE
      • Employment Authorization in Compelling Circumstances
      • Options for Nonimmigrant Workers Following Termination of Employment
      • Report Labor Abuses
      • Petition Process Overview
Breadcrumb
  1. Home
  2. Working in the United States
  3. Permanent Workers
  4. Employment-Based Immigration: Fifth Preference EB-5
  5. EB-5 Questions and Answers: EB-5 Reform and Integrity Act of 2022 (updated April 2022)

EB-5 Questions and Answers: EB-5 Reform and Integrity Act of 2022 (updated April 2022)

Regional Center:  

  1. How can an entity become a regional center?

Entities seeking to be designated as a regional center are required to file Form I-956, Application for Regional Center Designation. USCIS will be publishing this new form, including the form instructions, with additional information regarding the filing process by May 14, 2022.

Immigrant Petition by Alien Entrepreneur (Form I-526):

  1. How is USCIS treating pooled standalone cases?

Pooled standalone cases are not allowed under the EB-5 Reform and Integrity Act of 2022; therefore, USCIS will reject any petition based on a pooled, non-regional center investment filed on or after March 15, 2022. USCIS will adjudicate pooled standalone cases filed before March 15, 2022 based on eligibility requirements at the time such petitions were filed.

Policy:

  1. How can I request that USCIS designate an area as a high unemployment area?

USCIS will review the area claimed as a high unemployment area when adjudicating the project application for regional center filings or the individual’s petition for standalone investments.

A high unemployment area is a census tract, or contiguous census tracts, where the new commercial enterprise is principally doing business, experiencing unemployment of at least 150% the national average. When calculating the weighted unemployment rate, the area may include any census tracts directly adjacent to those where the NCE is principally doing business.

  1. How can I request that USCIS determine whether a specific capital investment project meets the definition of “infrastructure project”?

USCIS will determine if the investment is in a qualified infrastructure project when adjudicating the regional center’s project application.

An infrastructure project is a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a federal, state, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the Regional Center Program from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project.

  1. Will USCIS still apply its further deployment policy and consider further deployment outside of the regional center’s geographic area as disqualifying?

The EB-5 Reform and Integrity Act of 2022 allows for further deployment of capital anywhere in the United States or its territories. Therefore, including for petitions filed pre-enactment, further deployment is not required within the same regional center or within any regional center's geographic area.

General Implementation:

  1. If I have an additional question regarding implementation of the legislation, how should I reach out to USCIS?

Please email the USCIS Public Engagement office at Public.Engagement@uscis.dhs.gov.

Last Reviewed/Updated:
07/11/2022
Was this page helpful?
0 / 2000
To protect your privacy, please do not include any personal information in your feedback. Review our Privacy Policy.
Return to top
  • Topics
  • Forms
  • Newsroom
  • Citizenship
  • Green Card
  • Laws
  • Tools
U.S. Department of Homeland Security Seal, U.S. Citizenship and Immigration Services
Facebook
Twitter
YouTube
Instagram
LinkedIn
Email
Contact USCIS
U.S. Department of Homeland Security Seal

USCIS.gov

An official website of the U.S. Department of Homeland Security

Important links
  • About USCIS
  • Accessibility
  • Budget and Performance
  • DHS Components
  • Freedom of Information Act
  • No FEAR Act Data
  • Privacy and Legal Disclaimers
  • Site Map
  • Office of the Inspector General
  • The White House
  • USA.gov
Looking for U.S. government information and services?
Visit USA.gov