The USCIS RFE policy change effective August 5, 2026 lets officers deny incomplete filings without an RFE, and it applies to petitions already pending. What EB-5 investors and attorneys need to do now.
DHS reserves 2 percent of EB-5 visas for infrastructure but never defines “public works project.” Four open questions the proposed rule leaves for comment.
The August 2026 Visa Bulletin lands weeks after the State Department confirmed India exhausted its EB-5 unreserved visas for FY 2026. What it means for China, the set-aside categories, and concurrent filing.
DHS’s proposed EB-5 rule codifies how direct and third-party promoters register with USCIS on Form I-956K, the marketing rules they must follow, and the graduated sanctions at 8 CFR 204.431.
DHS’s proposed EB-5 rule codifies when a new commercial enterprise may redeploy investor capital, the four statutory conditions, the 3-month window, the passive-investment bar, and the regional-center termination backstop.
DHS’s proposed EB-5 rule would end the use of repaid bridge financing to demonstrate job creation, but DHS is soliciting comments on alternatives. What developers should know.
AI tools can help EB-5 investors compare project structures, job-creation cushions, and repayment safeguards, but the analysis still requires human judgment and qualified counsel.
DHS’s proposed EB-5 rule restores automatic revocation on withdrawal, carves EB-5 out of the I-140 180-day rule, and ties capital recovery to resolving the request.
DHS’s proposed EB-5 rule implements the RIA’s good-faith investor protections. How the 180-day window, subsequent investment, and two-year clock work if a regional center fails.
DHS’s proposed EB-5 rule describes the two-year investment clock in five vocabularies built on two conflicting anchors. What the text says, what the preamble says, and what operators should do.
