The Department of Homeland Security (DHS) published a proposed rule on July 2, 2026, to implement provisions of the EB-5 Reform and Integrity Act of 2022 (RIA), which was signed into law on March 15, 2022. The rule, titled "EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification," addresses automatic revocation of petitions for immigrant classification under the EB-5 program.

The RIA substantially reformed and added integrity provisions to the EB-5 employment-based, fifth-preference visa category for alien investors and the associated Regional Center Program. Under the EB-5 program generally, foreign nationals may apply for U.S. lawful permanent resident status by making a qualifying investment in a new commercial enterprise and creating at least 10 permanent full-time jobs for qualified U.S. workers.

The proposed rule is filed under CIS No. 2770-24 and was published as a Proposed Rule in the Federal Register on July 2, 2026. The public comment period runs through August 31, 2026.

While the EB-5 program is an immigration vehicle rather than a procurement program, regional center sponsors, developers, and investment funds that structure EB-5 capital into infrastructure and real estate projects — including some tied to federally adjacent development — will want to track how DHS finalizes automatic-revocation triggers for terminated or non-compliant regional centers.

Source: Federal Register