(U.S.) — The U.S. Department of Homeland Security published a proposed rule on July 2, 2026 that would tighten compliance across the EB-5 investor visa program, strengthen enforcement against fraud and misconduct, and formally implement parts of the EB-5 Reform and Integrity Act of 2022.

The proposal, published in the Federal Register, opens a public comment period that runs through August 31, 2026. It is not yet in effect, but it lays out a stricter framework for investors, regional centers, promoters and migration agents involved in EB-5 offerings.

DHS titled the rule “EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification.” The proposal runs 358 pages and would align agency regulations with the 2022 law governing the immigrant investor program.

The EB-5 program allows foreign nationals to seek U.S. permanent residence by investing in a qualifying U.S. business or project that creates jobs. DHS said the proposal would clarify eligibility rules, investment amounts, job creation requirements, targeted employment area rules, infrastructure project definitions, regional center obligations, project applications, redeployment, sanctions, suspensions, debarments, terminations, and automatic revocation of certain EB-5 petitions.

Investment Threshold Adjustments

One of the clearest changes in the proposal is how DHS would set and adjust investment thresholds. The rule would codify the current statutory minimum of $1,050,000 for standard EB-5 investments and $800,000 for investments in a targeted employment area, or TEA, and in qualifying infrastructure projects.

DHS also proposed a new threshold of $1,400,000 for investments in projects located in a high-employment area. If finalized, that category would add a higher price point for a slice of EB-5 projects at the same time the agency sharpens its review of where projects are located and how they qualify.

The rule would begin automatic investment amount adjustments on January 1, 2027, with updates every five years after that. DHS said the standard minimum would track CPI-U, while TEA and infrastructure investments would remain at 75% of the standard minimum and high-employment-area investments would be set at 133% of the standard minimum, rounded as provided in the proposal.

That framework puts more weight on geography than many investors have faced under the current system. A project’s location already matters because TEA and infrastructure projects qualify for the lower $800,000 amount; under the proposal, location would also determine whether an investor falls into a category that requires $1,400,000.

Regional Center Compliance and Enforcement

Regional centers sit at the center of the compliance push. Many EB-5 investors use them because they allow pooled investment into larger developments, but DHS said that model also carries risks if the regional center, the new commercial enterprise, the job-creating entity, a promoter, or related persons violate program rules.

The proposal would expand USCIS tools to act against fraud, misrepresentation, criminal misuse, national security concerns, and public safety issues tied to EB-5 participation. DHS said the 2022 law gives USCIS added authority to deny, revoke, terminate, debar, or otherwise act when participation involves fraud, deceit, intentional material misrepresentation, criminal misuse, or threats to public safety or national security.

Those provisions shift the focus of an EB-5 case beyond the investor’s ability to fund the application. The proposal treats project compliance, regional center conduct, and recordkeeping as central parts of whether an investment can support an immigration benefit.

Scrutiny on Promoters and Migration Agents

Promoters and migration agents would also face closer scrutiny. DHS proposed recordkeeping obligations for promotional materials and would require promoters to comply with applicable federal and state securities laws, including broker-dealer registration rules where applicable.

That part of the rule reaches a common feature of the EB-5 investor visa market, where investors often first encounter offerings through seminars, agents, marketing presentations, and brochures. DHS signaled that glossy sales material and assurances of “safe green card processing” will not substitute for disclosures, documentation, and compliance with securities rules.

Investor Protections and Good-Faith Provisions

The proposal also addresses investor protections when a regional center is terminated or a new commercial enterprise or job-creating entity is debarred. USCIS already recognizes good-faith investor protections in some cases, and DHS said the rule would address the conditions, deadlines, and corrective options that come into play when a project or affiliated entity faces agency action.

That issue carries weight because a problem at the project level can spill into an investor’s immigration case even if the investor did not cause the violation. The proposal points to a system in which remedial steps, timing, and documentary support can determine whether an investor preserves eligibility after a regional center or project runs into trouble.

Implications for Indian Families and Documentation

Indian families considering EB-5 have been a clear part of the audience for the proposal’s practical effects. Their filings often involve foreign remittance rules, banking records, tax documents, business income evidence, asset sale papers, gift deeds, loan papers, and source-of-funds records, all of which can become more important if DHS demands closer proof of how the investment was assembled and moved.

That documentary burden can grow if a project later requires a new investment or a shift to another regional center. An investor in that position may need immigration counsel and financial records strong enough to support both the original investment path and any corrective action that follows.

Timing Considerations and Practical Effects

DHS did not frame the proposal as a rewrite of the entire program so much as a tightening of the rules that already govern it. Still, the practical effect is broader scrutiny at nearly every stage: project selection, promoter conduct, offering disclosures, source-of-funds evidence, job creation methodology, and the compliance history of the entities involved.

Investors weighing filings in late 2026 or 2027 face a timing issue as well. The rule is still proposed, but DHS has already laid out automatic adjustment language tied to January 1, 2027, which means the timing of a filing and the category of a project could affect the amount required if the rule takes effect in similar form.

Due Diligence Questions for Investors

The due diligence questions raised by the proposal are concrete. Investors now have reason to examine whether a project qualifies for the $800,000 TEA or infrastructure threshold, whether it could fall within a high-employment-area category, whether the regional center has a clean compliance record, whether the project filing on Form I-956F is clear, whether job creation projections are realistic, and whether any promoter compensation is fully disclosed.

Financial risk and immigration risk run together in that review. A project that looks attractive on return or marketing terms may still pose immigration problems if the people behind it have weak controls, poor disclosures, or exposure to sanctions, suspension, debarment, or termination.

The Department of Homeland Security has not made the rule final, and the public still has until August 31, 2026 to comment. What the proposal already establishes is the direction of travel for the EB-5 investor visa system: more documentation, more oversight, and more scrutiny of the projects, regional centers, promoters, and funding records that stand behind a green card application.