DHS Proposes Major EB-5 Overhaul: New $1.4 Million Tier, Expanded Oversight — Comments Due August 31, 2026

On July 2, 2026, the Department of Homeland Security published a proposed rule that would comprehensively implement the EB-5 Reform and Integrity Act of 2022 (RIA) — and reshape the EB-5 immigrant investor program in the process. With the public comment period closing on August 31, 2026, investors, regional centers, and project developers have a narrow window to weigh in.

What the Proposed Rule Would Do

• Create a new High Employment Area (HEA) investment category with a $1.4 million minimum investment threshold, alongside the existing $800,000 TEA and $1,050,000 standard tiers.

• Expand DHS authority to conduct audits, site visits, investigations, and compliance reviews of regional centers, new commercial enterprises, and associated parties.

• Strengthen recordkeeping, reporting, and compliance obligations for regional centers, consistent with the RIA’s anti-fraud objectives.

• Introduce new definitions and codify automatic revocation provisions for immigrant classification petitions.

Why It Matters for Investors

The proposal signals tighter oversight and potentially higher costs of entry for certain projects. Investors currently evaluating projects should understand how the proposed HEA category and enhanced integrity measures could affect project selection, documentation requirements, and adjudication risk. Existing petitioners should monitor how final provisions might apply to pending cases.

Current Processing Landscape

Meanwhile, rural TEA set-aside petitions continue to receive priority treatment — I-526E approvals are averaging roughly 5 months, and 77.2% of rural petitions were adjudicated within 12 months as of July 2026. Urban TEA projects are running 24 to 30+ months. Rural, high-unemployment, and infrastructure set-aside categories remain current for all countries in the August 2026 Visa Bulletin, while the India Unreserved EB-5 category became unavailable in July.

Key Deadline

Public comments on the proposed rule are due August 31, 2026. Stakeholders who want to influence the final rule — on the HEA threshold, compliance burdens, or transition provisions — should submit comments before the deadline.

How Vartanian Law Firm Can Help

The EB-5 program is entering its most significant regulatory transition since 2022. Whether you are an investor selecting a project, a regional center preparing for expanded compliance obligations, or a stakeholder considering a public comment, Vartanian Law Firm can help you navigate the changes. Contact us today to schedule a consultation.