DHS Issues Proposal to Revamp EB-5 Fees and Codify Integrity Act Measures
Key Takeaways
- It has been reported that the Department of Homeland Security (DHS) has issued a proposed rule to change EB-5 program fees and formally implement Integrity Act requirements.
- The proposal would reallocate or adjust fee structures to support adjudication and enhanced compliance and oversight efforts tied to the EB-5 investor program.
- Investors, regional centers, and EB-5 applicants could face higher costs and more monitoring, but proponents say the changes aim to strengthen program integrity.
- The measure follows the EB-5 Reform and Integrity Act of 2022 and will likely move through a public notice-and-comment period before any fees or rules take effect.
What DHS is proposing
It has been reported that DHS released a proposal to overhaul how fees are assessed and used within the EB-5 immigrant investor program. The EB-5 program allows foreign nationals to obtain U.S. lawful permanent residence (a green card) by making qualifying investments that create jobs. According to coverage, the proposed rule would change fee allocations to better fund adjudication and the integrity-related activities Congress required in the EB-5 Reform and Integrity Act of 2022 — such as enhanced oversight, compliance monitoring, and other safeguards.
Who and what would be affected
If finalized, the proposal would affect investor petition filers, regional centers (the entities that pool EB-5 capital into projects), and the attorneys and developers who work with them. For individuals, the practical impacts are straightforward: higher or restructured fees raise the cost of pursuing EB-5 status and could lengthen timelines if additional compliance checks are phased in. For regional centers and project developers, increased monitoring and reporting obligations could raise project costs and administrative burdens, but may also reduce fraud risks and investor losses if enforcement proves effective.
Context, next steps, and what this means now
The move follows legislation enacted in 2022 that sought to tighten program oversight after years of concerns about fraud and misuse. USCIS (U.S. Citizenship and Immigration Services) and DHS have been implementing those statutory changes; this proposal would codify funding mechanisms to support that work. It has been reported that the rule will be published in the Federal Register and open for public comment, which is a standard step in federal rulemaking. For anyone currently in the EB-5 pipeline: monitor official DHS and USCIS announcements, consult qualified immigration counsel about potential cost and compliance changes, and consider that new requirements could affect budgeting and timelines going forward.
Source: Original Article