第五类优先就业型移民签证创建于《1990 年移民法案》(“IMMACT 90”) 在 1990 年修订《美国移民和国籍法案》(“INA”) 之时。不久之后，区域中心于 1993 年成立。但是，90 年代中期许多公司并没有筹集要求的全部投资资本，或雇用要求数量的员工。USCIS 希望停止 EB-5 计划的不当使用。于是随后进行了一些诉讼和法律修订。1998 年，有四项决定得以公布，作为未来 EB-5 计划的判例： 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。
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