The main thing for investors is to confirm the two-year minimum capital retention period. According to the draft, the money should be "at risk" not for the entire period of conditional residency, but for only two years from the moment it is invested in an enterprise that creates jobs. This allows you to return the funds earlier, without waiting for the end of the immigration case.
As for the amounts, the basic thresholds remain the same: $800,000 for projects in rural areas, areas with high unemployment (TEA) and infrastructure facilities, as well as $1.05 million for all others. However, DHS is proposing to add a new category, areas with very low unemployment, with a minimum threshold of $1.4 million. According to experts, the demand for this level will be minimal, as the vast majority of investors traditionally choose preferential zones.
Starting from January 1, 2027, all investment thresholds will be indexed to inflation and reviewed every five years. Thus, after the specified date, the cost of participation in the program will automatically increase, which may boost demand in the coming months.An important innovation concerns the protection of bona fide investors. If the regional center loses its license through no fault of the depositor, the depositor will receive 180 days to transfer to another center while maintaining the priority date in the queue for the green card. This removes the risk that previously effectively cancelled applications in the event of bankruptcy of a regional operator.
For the first time, it is proposed to officially recognize cryptocurrency as an acceptable source of investment capital - subject to confirmation of the origin of the funds. The document itself does not yet contain detailed criteria for verifying digital assets, and DHS invites the public to comment on this issue as part of the discussion.
For regional centers, the project introduces a multi-level system of fines - from warnings to monetary penalties of up to 10% of the amount of capital raised and deprivation of status. Also, for the first time, mandatory registration is required for all direct and third-party promoters selling EB-5 abroad. According to DHS estimates, the annual compliance costs for one center will amount to about $47,000, but industry lawyers consider this figure to be underestimated, especially for small operators.
The final version of the rules will be prepared after August 31, taking into account the comments received. It is expected that the hype around applications will increase by September 2026 due to the approaching expiration date of the grandfather clause (which guarantees that the immigration service will continue processing your case, even if the regional center loses its powers or Congress does not extend the program) and the upcoming inflationary adjustment. The term of the regional centers program itself expires on September 30, 2027, and its continued existence depends on the decision of the Congress.
Source: IMI
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