The programme
EB-5 Reform and Integrity Act of 2022
Also called RIA, RIA 2022, Public Law 117-103, Division BB, Consolidated Appropriations Act 2022.
The EB-5 Reform and Integrity Act of 2022 is Division BB of the Consolidated Appropriations Act, 2022, Public Law 117-103, approved on 15 March 2022, and it rewrote the EB-5 category in the Immigration and Nationality Act.
What it decides
Section 101 of the division gives the short title, so RIA expands to EB-5 Reform and Integrity Act of 2022 and to nothing else. Section 102 struck the old $1,000,000 figure and set $1,050,000, made $800,000 the amount for an investment in a targeted employment area or in an infrastructure project, and reserved, out of the visas made available under 8 U.S.C. 1153(b)(5) each fiscal year, 20 percent for investment in a rural area, 10 percent for a designated high unemployment area and 2 percent for infrastructure projects. The same section set both amounts to adjust for inflation beginning on 1 January 2027 and every five years after, with the lower figure fixed at 75 percent of the standard one. Section 103 repealed the 1992 regional center authority in section 610 of Public Law 102-395 and wrote a new regional center framework into 8 U.S.C. 1153(b)(5)(E) through (Q), covering business plans, annual statements, bona fides checks, the integrity fund, promoters and source of funds, with the program itself authorized through 30 September 2027. Section 108 added 8 U.S.C. 1153(b)(5)(S), which keeps petitions filed on or before 30 September 2026 alive if that authority lapses. The effective dates are not uniform. Section 102 and the OFAC check in section 103(c) took effect on enactment, but section 103(b)(2) delayed the regional center amendments by 60 days to 14 May 2022, section 104(b)(2)(A) delayed the site visit amendment to 15 March 2024, and section 104(b)(2)(B) left the amended conditional residence rules inapplicable to the beneficiary of an I-829 whose underlying 8 U.S.C. 1153(b)(5) petition was filed before 15 March 2022.
Where this is explained properly
Pages here that go into eb-5 reform and integrity act of 2022 rather than mentioning it.
Related terms
- 8 U.S.C. 1153(b)(5)8 U.S.C. 1153(b)(5), cited in filings as INA 203(b)(5), is the statute that creates the EB-5 category and, since the EB-5 Reform and Integrity Act of 2022, carries the investment amounts, the visa set-asides, the job creation caps and grandfathering in the statute itself. It runs from subparagraph (A) to subparagraph (S).
- 8 CFR 204.68 CFR 204.6 is the EB-5 regulation, and it still supplies the working definitions of employee, full-time employment and troubled business, but the text printed in the Code of Federal Regulations today is the 2019 version a court vacated, and USCIS applies the pre-2019 wording instead.
- Regional Center ProgramThe Regional Center Program is the branch of EB-5 under which an investor files through a designated regional center and may count indirectly created jobs toward the ten-job requirement, and it is authorized through 30 September 2027.
- EB-5 Immigrant Investor ProgramEB-5 is the employment-based fifth preference immigrant visa category: a foreign national who invests the required capital in a new US commercial enterprise receives permanent residence, granted first on a two year conditional basis, and keeps it by proving that the investment created full-time jobs for at least ten qualifying US workers. It leads to residence, not citizenship.
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