EB–5 Reform and Integrity Act of 2021

EB-5 Reform and Integrity Act of 2021

This bill reauthorizes the EB-5 Regional Center program through FY2026 and makes various changes to the program, such as imposing various oversight requirements. (EB-5 visas provide permanent resident status to qualified alien investors. A regional center allows EB-5 aliens to pool investments to meet various investment and job creation requirements.)

Oversight-related provisions include requiring each center to (1) notify the Department of Homeland Security (DHS) of proposed changes to the center's structure, (2) maintain certain records and make such records available to DHS for audits, (3) obtain approval for each particular investment offering, and (4) annually report to DHS.

The bill prohibits certain individuals and entities from involvement in a center, such as (1) a person who had committed a violation involving fraud in the previous 10 years, (2) a non-U.S. national not admitted for permanent residence, or (3) a foreign government official.

DHS shall deny petitions, such as a petition to certify a regional center or to classify an alien as an alien investor, if approval would threaten U.S. national interest.

The bill provides various enforcement authority to DHS and U.S. Citizenship and Immigration Services, including the ability to permanently bar an individual from participating in the regional center program.

The bill establishes the EB-5 Integrity Fund to fund program enforcement activities.

The bill contains various provisions related to EB-5 petitions, such as a provision authorizing DHS to extend an alien's conditional permanent residence status. 

Bill 117 hr 2901, also known as the EB–5 Reform and Integrity Act of 2021, aims to reform the EB-5 Immigrant Investor Program, which provides a pathway for foreign investors to obtain a green card by investing in job-creating projects in the United States. The bill seeks to increase the minimum investment amount required for the program from $500,000 to $800,000 in targeted employment areas and from $1 million to $1.2 million in non-targeted areas.

Additionally, the EB–5 Reform and Integrity Act of 2021 includes provisions to increase oversight and integrity in the program by requiring regional centers to undergo regular audits and background checks. It also aims to improve transparency by requiring regional centers to disclose more information about their projects and investors.

Furthermore, the bill includes measures to prioritize investments in rural and high-unemployment areas, as well as projects that have a demonstrated economic impact. It also seeks to streamline the application process for investors and make it easier for them to track the progress of their investments. Overall, the EB–5 Reform and Integrity Act of 2021 aims to strengthen the EB-5 Immigrant Investor Program and ensure that it continues to benefit the U.S. economy while maintaining integrity and transparency.