U.S. Citizenship and Immigration Services (USCIS) on Wednesday published a proposed rule that would implement automatic revocation provisions for certain immigrant investor petitions under the EB-5 Reform and Integrity Act of 2022 (RIA), the agency announced in a Federal Register notice.
The proposed rule, docketed as USCIS-2026-0100, would amend regulations governing the employment-based, fifth preference (EB-5) visa category and the associated Regional Center Program. The RIA, signed into law by the president on March 15, 2022, "substantially reforms and adds significant integrity provisions" to the EB-5 program, according to the notice.
Under the current EB-5 program, foreign investors may qualify for lawful permanent resident status by making a required investment in a new commercial enterprise in the United States and creating at least 10 permanent full-time jobs for qualified U.S. workers. The proposed rule targets petition revocations, withdrawal requests, and related integrity measures.
The notice states that the rule would establish "automatic revocation of petitions for immigrant classification" in certain circumstances, though the specific triggering conditions are detailed in the supplementary information section of the proposed rule. The agency said the changes are intended to "ensure the integrity of the EB-5 program" as mandated by Congress in the RIA.
USCIS is accepting public comments on the entire proposed rulemaking package through August 31, 2026. Comments must be submitted via the federal eRulemaking portal at regulations.gov, identified by DHS Docket No. USCIS-2026-0100. The agency specified that hand-delivered, couriered, or mailed comments will not be accepted, nor will comments contained on digital media storage devices such as CDs, DVDs, or USB drives.
The proposed rule also covers definitions, national security and fraud provisions, targeted employment areas, infrastructure projects, troubled businesses, regional center program requirements, and removal of conditions on permanent residence. A severability clause is included to ensure that if any portion of the rule is invalidated, the remainder remains in effect.
USCIS said the rule is issued under the legal authority of the Immigration and Nationality Act and the Homeland Security Act. The agency's Immigrant Investor Program Office, part of the Field Operations Directorate, will oversee implementation.
Comments that "will provide the most assistance to USCIS in implementing these changes will reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change," the notice said.
Informational content only, not legal advice. Consult a licensed immigration attorney.