EB–5 Regional Center Program Advisory Committee Authorization Act
- Bill Number
- H.R. 6992
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-01-09: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-05-30T08:06:06Z
AI-Generated Summary
Purpose
The legislation, titled the "EB-5 Regional Center Program Advisory Committee Authorization Act," aims to create an advisory committee within U.S. Citizenship and Immigration Services (USCIS) to provide guidance, recommendations, and reports on the EB-5 Regional Center Program. The EB-5 program allows foreign investors to obtain U.S. permanent residency by investing in U.S. projects that create jobs, with regional centers acting as intermediaries for these investments.
Key Provisions
- Establishment: The Secretary of Homeland Security must establish the EB-5 Regional Center Program Advisory Committee within USCIS. The committee terminates once all EB-5-related benefits under relevant immigration laws are adjudicated.
- Duties:
- Advise the USCIS Director on program improvements, excluding case-specific recommendations.
- Develop general recommendations through subcommittees, requiring majority approval before submission.
- Submit periodic reports (annually or as needed) on issues identified by the Director or committee members.
- Produce an annual report to the Secretary of Homeland Security and USCIS Director, with a public version released within six months.
- Provide quarterly briefings to congressional committees on Judiciary and Appropriations.
- Ensure compliance with the EB-5 Reform and Integrity Act of 2022.
- Membership:
- Up to 35 members appointed within 180 days of enactment, representing federal, state, local, and tribal governments, plus EB-5 regional centers in good standing.
- Includes at least two members from specific regional center categories (e.g., high-unemployment areas, rural, infrastructure, and U.S. Census regions) and at least one from government roles (e.g., mayors of large/midsize/small cities, economic development officers) and ex officio members from State and Commerce Departments.
- No more than three members per category; members serve two-year terms, renewable up to six times, with no compensation except for federal employees.
- Meets at least quarterly, with one public meeting; selects a chairperson for four-year terms.
- Subcommittees:
- Established for administration (e.g., staffing, processing times, fraud prevention), impact (e.g., job creation, capital investment), policy (e.g., guidelines, regulations), and other relevant issues.
- Additional subcommittees as needed; each meets quarterly (at least one in-person annually) and reports findings for the annual report.
- Subject matter experts appointed by the committee chair.
Significant Changes to Existing Law
This bill amends the Homeland Security Act of 2002 by adding a new section (SEC. 463) to Subtitle E of Title IV, introducing the advisory committee structure. It builds on the EB-5 Reform and Integrity Act of 2022 by mandating stakeholder input without altering core program rules, such as eligibility or investment requirements. No prior advisory committee specifically for EB-5 regional centers existed in statute, making this a new formalized mechanism for ongoing program oversight.
Potential Impacts
- Government Agencies: USCIS will gain structured input to improve program efficiency, reduce processing delays, and enhance fraud detection, potentially streamlining operations and compliance. The Department of Homeland Security must oversee appointments and report to Congress, increasing administrative workload initially.
- Citizens and Investors: U.S. citizens and communities may benefit from better-targeted investments in job-creating projects (e.g., in rural or high-unemployment areas). Foreign investors could see a more transparent and reliable program, encouraging participation without direct changes to visa processes.
- International Relations: Indirectly supports economic ties by promoting U.S. investment opportunities to foreign nationals, potentially boosting inbound capital without affecting broader diplomatic relations.
Main Stakeholders Affected
- EB-5 Regional Centers: Primary beneficiaries, as they provide diverse representation and gain a voice in program improvements.
- Government Entities: USCIS and Homeland Security (direct oversight); state, local, tribal governments, and economic development officers (input on local impacts); congressional committees (receive briefings).
- Federal Agencies: Departments of State and Commerce (ex officio members).
- Trade Associations and Broader Community: Groups representing regional centers; indirectly, U.S. workers and businesses reliant on EB-5-funded projects for jobs and development.
Notable Legal, Constitutional, or Political Implications
- Legal: Ensures recommendations align with existing immigration laws (e.g., Immigration and Nationality Act sections 203(b)(5) and 216A) and the 2022 EB-5 reforms, avoiding conflicts. Prohibits case-specific advice to maintain impartiality in adjudications.
- Constitutional: No direct challenges; supports administrative transparency under the Administrative Procedure Act principles, without infringing on due process or equal protection.
- Political: Enhances bipartisan support for the EB-5 program by incorporating diverse stakeholders, potentially reducing controversies over program integrity and economic benefits. May influence future reforms by institutionalizing advisory input, though termination clause ties its lifespan to the program's active petitions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (8)
Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Liccardo, Sam T. [D-CA-16], Rep. Gooden, Lance [R-TX-5], Rep. Salazar, Maria Elvira [R-FL-27], Rep. Johnson, Julie [D-TX-32], Rep. Veasey, Marc A. [D-TX-33], Rep. Cuellar, Henry [D-TX-28], Rep. Rutherford, John H. [R-FL-5]
Recent Actions
- 2026-01-09: Referred to the House Committee on the Judiciary.
- 2026-01-09: Introduced in House
- 2026-01-09: Introduced in House
Bill Versions
- EB–5 Regional Center Program Advisory Committee Authorization Act — issued 2026-01-09 — PDF (12 pages)