Recent changes to EB-5 under the Reform and Integrity Act

On Behalf of | Mar 23, 2026 | US Immigration Law |

For residents and investors in Florida, the EB-5 Green Card by Investment program is a popular path to permanent residency. It allows individuals to obtain a green card without employer sponsorship. However, the EB-5 Reform and Integrity Act (RIA) changed the rules governing these visas. Here is a guide to the current landscape in 2026.

How much do you need to invest?

The required investment depends on the project’s location. Under the RIA, the government updates its inflation forecasts every five years.

  • Targeted employment areas (TEA): If you invest in a rural area or a location with high unemployment, the minimum is $800,000. Many parts of Florida qualify for this lower rate.
  • Standard urban projects: For projects in high-growth city areas, the minimum investment is $1,050,000.

These thresholds should remain stable for now. Investors who file before the 2027 update can lock in current rates.

Can you stay in Florida while your application is pending?

A key benefit for those already in the U.S. on visas like H-1B or L-1 is concurrent filing. This allows you to submit your green card application along with your investment petition.

However, this benefit is not immediate. You may apply for a work permit and travel document, but processing usually takes four to 10 months. You must wait for these documents before you can legally work or travel abroad.

What are visa set-asides?

Set-asides are special categories that help certain investors avoid long queues based on the type of project they fund. Choosing one of the following can shorten your timeline.

  • Rural projects: These receive priority processing
  • High-unemployment areas: Common in Florida’s urban developments
  • Infrastructure projects: A newer category for public-benefit works

These categories often move faster. Thus, you should still review the monthly Visa Bulletin to check availability for your home country.

Is your investment protected?

Congress has authorized the EB-5 Regional Center program through September 30, 2027. The RIA also includes a grandfathering clause for investors who file by September 30, 2026. Filing by this date ensures the government continues processing your case even if the program lapses.

Source of funds rules remain strict. An attorney can help organize your financial records. They can also ensure your documents meet federal standards. This can give you confidence throughout the process.

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