What Every Immigration Attorney Should Know About the EB-5 Reform Act

At EB-5 USA, we believe the EB-5 program isn’t just an immigration vehicle — it is a strategic tool reshaping capital flows, job creation, and community development in the U.S. The EB-5 Reform and Integrity Act (RIA) of 2022 codified significant updates every immigration attorney should understand before advising clients in 2025 and beyond.

Why the Reform Act Matters

For years, attorneys guiding EB-5 clients focused on investment minimums, job creation counts, and regional center reputations. While those remain critical, the RIA added new considerations that impact on how petitions are filed, how projects are structured, and how attorneys manage client expectations.

Reserved Visa Set-Asides: A Game Changer

One of the most consequential updates under the RIA was the creation of visa set-asides, which reserve specific portions of the annual EB-5 visa pool for priority project types:

• Rural Projects, offering not only the reduced $800,000 investment threshold but also priority processing, an unprecedented advantage for clients seeking faster adjudications.

• High-Unemployment Area (HUA) Projects, qualifying for the same lower investment minimum, though without statutory priority processing. These projects remain highly attractive for clients looking to secure a green card while minimizing upfront capital outlay.

• Infrastructure Projects, a newly defined category involving public works administered by government or regional center entities. Despite its low uptake so far, infrastructure remains an area of opportunity as government-partnered initiatives grow.

Understanding these categories is essential. They don’t merely influence where a client invests - they determine which visa queue they enter and how quickly their petition is adjudicated. In a world where backlogs can derail timelines by years, choosing the right set-aside can mean the difference between swift approval and multi-year uncertainty.

Integrity Measures and Increased Compliance

The RIA also introduced significant integrity measures. Regional centers now face mandatory audits, expanded reporting requirements, and heightened disclosure obligations. For attorneys, this means deeper diligence is needed when recommending projects or regional centers to clients. Ensuring that a project’s business plan meets the new exemplary requirements is not just the best practice it’s now a compliance necessity.

Furthermore, attorneys must advise clients that regional centers are subject to annual fees and the newly established Integrity Fund contributions, which support USCIS monitoring and enforcement efforts. This reshapes the financial landscape of projects and should be part of every attorney’s due diligence checklist.

Good-Faith Protections for Investors

The RIA introduced provisions to protect investors if a regional center is terminated or a project fails due to factors beyond their control. While not a guarantee of green card approval, these good-faith clauses can preserve an investor’s eligibility under certain conditions. Immigration attorneys should incorporate these protections into client strategy discussions, especially when comparing projects with varying operational histories and compliance records.

Strategic Implications for Legal Advisors

For attorneys advising H-1B, F-1, and other employment-based clients, set-asides provides an invaluable strategic pathway. Rural set-asides remain current as of mid-2025, enabling clients from historically backlogged countries to leapfrog wait times seen in unreserved visa pools. Additionally, concurrent filing for Adjustment of Status under EB-5 gives H-1B holders independence from employer sponsorship while securing work and travel authorization.

Another overlooked element is how set-aside visas roll over. Unused visas remain within the category for an additional year before being released into the general pool. This rolling mechanism provides attorneys with strategic planning options for clients filing today versus next fiscal year.

Why EB5-USA Prioritizes Attorney Due-Diligence

At EB5-USA, we source, and structure projects aligned with set-aside categories while ensuring the highest levels of compliance transparency and job creation buffers. We understand that immigration attorneys need actionable, current insights to best advise their clients — and that your reputation is built on recommending only projects that stand up to evolving USCIS scrutiny.

Our team continually monitors legislative updates, USCIS policy changes, and economic trends impacting EB-5 adjudications. From TEA qualification analysis to business plan compliance reviews, we equip legal advisors with the data and clarity they need to guide clients with confidence.

The Bottom Line

The EB-5 Reform and Integrity Act has fundamentally reshaped the program. For attorneys, staying current on these changes is no longer optional — it’s essential to protecting client outcomes and maintaining advisory credibility in a rapidly evolving immigration landscape.

If you would like to explore compliant set-aside projects or receive a full breakdown of RIA-related legal implications for your practice, our team is here to support you.

Because your clients’ green card strategy shouldn’t depend on guesswork.

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