The Immigration Act of 1990, known as IMMACT 90, revised the Immigration and Nationality Act (INA) in 1990 and created the Fifth Employment Based category. In 2003, legislative action led to the creation of Regional Centers.

In the mid 1900s the USCIS was urged implement four key provisions to ensure increased ease of access to the program for potential investors (Matter of Soffici, 22 I & N Dec. 158; Matter of Izumii, 22 I & N Dec. 169; Matter of Hsiung, 22 I & N Dec. 201; Matter of Ho, 22 I & N Dec. 206), that are still in effect today. Though a particularly heated debate emerged over the retrospective application of these new statutes to applicants, it was ultimately decided that such laws would take effect with regards to all EB-5 applicants from 2001 and onwards.