Mark A Ivener, A Law Corporation

EB-5 Program: An Overview

For latest update concerning EB-5, please read this article.


The EB-5 program helps foreign investors get a green card to live in the United States. In 2022, the EB-5 Reform Act made changes to the program and how the green cards are given out. Here is a basic summary of the important points:

1. Program Integrity and Transparency

The new law focuses on stopping fraud and making sure the program benefits the U.S. economy. It includes stricter checks on applicants, regional centers, and projects to find potential risks and prevent misuse. Additionally, the law establishes a centralized database to track EB-5 investments and monitor program compliance.

2. Investment Amount Changes

The minimum investment amounts have gone up. For areas with high unemployment or rural regions (TEAs), the minimum investment increased from $500,000 to $800,000. For other areas, it went up from $1 million to $1,050,000 These changes match inflation and current market conditions. Moreover, the law mandates periodic adjustments of investment thresholds to ensure they remain aligned with economic factors.

3. Target Employment Area (TEA) Reforms

The law improves how areas qualify for the lower investment amount. The goal is to make sure areas really need help and to prevent misuse of the program. It introduces stricter criteria for determining TEA eligibility, such as considering commuting patterns and focusing on direct job creation.

4. Green Cards for Struggling Areas

To encourage investment in struggling regions, the law sets aside a certain number of green cards for projects in rural and urban distressed areas. This helps those areas get investments and create jobs. Furthermore, the law incentivizes investments in areas with high unemployment rates by offering expedited processing for green card applications associated with projects in these regions.

5. Distribution of Green Cards

Every year, the EB-5 program has 10,000 green cards available. The new law doesn’t change that. But it says that a certain percentage of those green cards will be given to projects in struggling areas. This is done to prioritize job creation in those regions. The exact percentage may change based on demand and program rules. Additionally, the law establishes a transparent allocation process for green cards, ensuring fairness and preventing any preferential treatment.


The EB-5 Reform Act of 2022 improves the EB-5 program by focusing on honesty, transparency, and effectiveness. The changes aim to stop fraud, adjust investment amounts, improve TEA qualifications, promote investment in struggling areas, and protect the order in which people are waiting for their green cards. Additionally, the law reserves a portion of the 10,000 green cards each year for projects in struggling areas, helping those regions attract investments and create jobs. These changes make the program stronger and provide foreign investors with a clearer and better way to get a green card for living in the United States. With the introduction of a centralized database and expedited processing for high-unemployment areas, the law enhances transparency and expedites the implementation of investments, benefitting both investors and the U.S. economy.

For more details and current updates concerning the EB-5 Reform Act of 2022, please visit the USCIS website on the subject.