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