USA Updates EB-5 Investor Visa Rules in 2026: Key Changes for Foreign Investors

The US is preparing a major update to the EB-5 investor visa program. Learn what requirements may change, what the new DHS regulation entails, when the new rules may take effect, and how they will affect foreign investors.

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The US government has begun the process of updating the rules of the EB-5 investment immigration program. The US Department of Homeland Security (DHS) has submitted a draft of new regulations that should make the program more transparent, detail the requirements for investors, and strengthen control over the activities of regional centers.

The document has been submitted for public comment for a period of 60 days after its publication in the Federal Register. After the consultations, the authorities will consider the comments received and may approve the final version of the rules.

Although the proposed changes do not create a new immigration program, they will significantly affect the procedure for obtaining an EB-5 investment visa and subsequent permanent residence in the US.

Read here which professions are included in the ranking of the highest-paid in the US in 2026.

Are you planning to move, invest, or apply for a visa to another country? Immigration legislation is constantly changing, so even a minor error in the documents can lead to a delay in consideration or refusal. Consultation with a migration lawyer will help you assess your situation, properly prepare a package of documents and choose the optimal path to legalization abroad.

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Why is the US changing the rules of the EB-5 program?

The EB-5 program has remained one of the most popular immigration paths for foreign investors for many years. At the same time, in recent years, the American authorities have been consistently strengthening control over its operation.

The main goal of the new rules is to consolidate the provisions of the EB-5 Reform and Integrity Act of 2022 at the regulatory level, as well as eliminate gaps that arose during the practical application of the legislation.

As a result, investors will receive clearer requirements for document processing, and regional centers will operate under stricter state supervision.

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What changes does the US Department of Homeland Security propose?

Key provisions of the draft new regulations include:

- confirmation of the current minimum investment amount of $1.05 million for standard projects;

- increase of the minimum investment threshold to $1.4 million for newly designated high-employment areas;

- retention of the minimum amount of $800,000 for investments in Targeted Employment Areas (TEA) and infrastructure projects;

- mandatory actual investment of funds by the time of receiving a conditional green card;

- requirement that the invested capital remain available to the job-creating enterprise throughout the immigration petition process;

- possibility of maintaining the priority date for filing an EB-5 application in cases specified by law, such as when a regional center closes or changes to the investment project;

- expansion of DHS’s authority to conduct audits, inspections, apply sanctions, and terminate the activities of regional centers;

- the right of migration authorities to collect biometric data of applicants during the consideration of petitions.

The USA has changed the approach to obtaining a green card for temporary visa holders, details at the link.

New clear rules for regional centers

One of the main directions of the reform was to strengthen control over regional centers - organizations through which a significant part of EB-5 investment projects are implemented.

The new rules detail the requirements for:

- keeping accounting records;

- financial reporting;

- internal control;

- passing state audits;

- confirmation of compliance with legal requirements.

For potential investors, this means a lower risk of participating in dubious or insufficiently transparent projects.

The Trump administration has introduced a new immigration program for wealthy foreigners – the Trump Gold Card, which has already been called the most expensive “golden visa” in the world. Read more about the permit at the link.

Can cryptocurrency be used as a source of investment?

One of the most discussed provisions of the project was the position of the American authorities on digital assets.

DHS confirms that cryptocurrency and other digital assets can be used as a source of financing for investments under the EB-5 program, if the investor is able to document the legal origin of the funds and meet all requirements for verifying the source of capital.

At the same time, the agency is considering the possibility of introducing separate standards of proof specifically for digital assets. If such a norm is adopted, applicants will have to provide a more extensive package of documents confirming the history of the origin of crypto assets.

Read also, the United States is launching a new accelerated interview appointment program for B-1/B-2 visas.

New Legal Definitions for the EB-5 Program

The draft also clarifies a number of terms that have previously caused ambiguity. In particular, the concepts of capital, a comprehensive business plan, reinvestment of funds, High Employment Areas, and requirements for the creation of new jobs are detailed.

These changes are designed to make the procedure more predictable for both investors and companies supporting investment projects.

When can the new rules enter into force?

After the 60-day public consultation period, the US Department of Homeland Security will analyze all comments submitted and prepare the final version of the document. If the regulation is approved without significant changes, the final rules can enter into force as early as 30-60 days after official publication.

Until then, the EB-5 program continues to operate under current requirements, but potential investors should already consider possible future changes when planning investments and preparing documents.

What do these changes mean for future applicants?

The proposed reform does not change the basic concept of the EB-5 program, but significantly increases the requirements for confirming the origin of capital, registration of documentation and transparency of investment projects.

For applicants, this means that professional preparation of documents, careful verification of the investment project and proper legal support will become even more important. At the same time, greater transparency of the rules can make the program more predictable and reduce the risks associated with participation in unscrupulous investment schemes.

The EB-5 program involves significant financial investments, so any inaccuracy during the registration of documents can cost the applicant not only time, but also large investments. A migration lawyer will help verify the compliance of the investment project with the requirements of the law, assess the risks, confirm the legal origin of funds, correctly register the petition and will accompany the process of communication with the US immigration authorities. It is especially important to get professional advice now that the EB-5 program rules are undergoing an update and the requirements for applicants may change in the near future.

Get advice from a Visit World immigration lawyer to go through the EB-5 application process with maximum confidence and without unnecessary risks.

Reminder! The US has changed the approach to obtaining a green card for temporary visa holders - and this applies to citizens of any country. Find out what the new USCIS memorandum PM-602-0199 means, who it affects, what remains unclear at this time and how to prepare for changes in the process of obtaining permanent residence in America

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