Behring Co.

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.

DHS’s proposed EB-5 rule requires separate accounts and a fund administrator, but must waive the administrator for any NCE or JCE that commissions an annual independent audit and shares it with USCIS and all investors.

How the EB-5 visa set-asides work under DHS’s proposed rule: 20% rural, 10% high-unemployment, 2% infrastructure, the two-year carryover, and why infrastructure is regional-center only.

DHS’s proposed EB-5 rule ties the reduced investment amount to a high unemployment area designation that can expire. If capital is not provided in time, the investor must top up to the standard minimum.

DHS’s proposed EB-5 rule codifies an automatic CPI-U adjustment of the minimum investment amounts on January 1, 2027. How the formula, rounding, and filing-date rules work.

DHS’s proposed EB-5 rule would apply prospectively, so petitions filed before March 15, 2022 would generally be adjudicated under 8 CFR 204.6 as it existed in 2019. What that means, calmly explained.

DHS’s new proposed EB-5 rule leaves the September 30, 2026 grandfathering deadline untouched. With comments closing August 31, an extension can only come from Congress.