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On Sept, 25, 2025, U.S. Citizenship & Immigration Services (USCIS) began issuing Notices of Regional Center Termination (the Notices) to EB-5 investors whose investments were made through Regional Centers that failed to comply with the EB-5 Reform and Integrity Act of 2022 (RIA). By way of background, USCIS terminated the designation of many approved Regional Centers in January 2025 where the annual EB-5 Integrity Fees were not paid.
The RIA established new integrity measures designed to enhance oversight and transparency across the EB-5 Regional Center Program, including:
- Mandatory audits and enhanced due diligence reviews;
- Use of qualified fund administrators for investor funds;
- Background checks on principals and operators;
- Restrictions on foreign government involvement; and
- Promoter registration and disclosure requirements.
Additionally, the RIA imposed annual EB-5 Integrity Fees to be paid by approved Regional Centers. Under the RIA, USCIS is authorized to terminate a regional center's designation for failing to meet these requirements or for failing to pay the required EB-5 Integrity Fees.
Impact on Investors
USCIS is issuing the Notices to EB-5 investors under a section of the Immigration and Nationality Act (INA) that allows good faith investors in a terminated regional center to retain eligibility in certain circumstances. Both pre-RIA and post-RIA investors may be affected; however, continued eligibility for the EB-5 process depends on whether the investor filed the I-526 Petition before the passage of the RIA (Pre-RIA) or filed the I-526E Petition after the passage of the RIA (Post-RIA).
Each Notice outlines three response options available to both Pre-RIA and Post-RIA EB-5 investors:
- Confirm continued eligibility by demonstrating that the investment still meets EB-5 requirements despite the termination;
- Amend the EB-5 petition to show that the original New Commercial Enterprise (NCE) is now affiliated with a new, compliant regional center; or
- Amend the petition to show that the investor made a new qualifying investment in an alternate NCE.
Key Takeaway
Investors receiving these Notices should consider prompt action to preserve their EB-5 eligibility. The response deadlines are strict — typically 183 days from the date of the notice (or 194 days for those residing outside the United States). Failure to respond within the prescribed timeframe might result in loss of EB-5 eligibility and denial of the petition. Given the complexity of these Notices and the potential impact on pending or approved EB-5 petitions, investors should consult with experienced immigration counsel to determine the best path forward. Continued eligibility for EB-5 investors depends upon: (1) whether the investor is a Pre-RIA or Post-RIA investor; (2) the reasons for the Regional Center's termination; (3) whether the underlying EB-5 project has created sufficient jobs; and (4) whether the investor has properly sustained his or her investment. Each of these criteria must be evaluated for a fulsome response.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
