On September 25, 2025, U.S. Citizenship & Immigration Services (USCIS) began issuing Notices of Regional Center Termination (“the Notices”) to EB-5 investors who invested with regional centers that failed to comply with the EB-5 Reform and Integrity Act of 2022 (RIA) requirements to retain regional center eligibility. The RIA included new enforcement measures USCIS might impose to bolster the integrity of the regional center program, including mandatory audits, increased due diligence, fund administrators, background checks, involvement restrictions on foreign officials and government entities, and promoter registrations. The RIA authorized USCIS to terminate a regional center’s designation for non-compliance with these regulations.
USCIS is issuing the Notices under a section of the Immigration and Nationality Act that provides good faith investors of terminated regional centers to retain eligibility in certain circumstances. Both pre- and post-RIA regional center investors could receive the Notice.
- The Notices provide three response options to the EB-5 investor:
- confirming continued eligibility despite termination;
- amending the EB-5 petition and demonstrating that the original EB-5 new commercial enterprise is associated with a new, compliant regional center; or
- amending the EB-5 petition and demonstrating that a new qualifying investment was made in an alternate EB-5 new commercial enterprise.
Based on the language of the Notices, EB-5 investors are strongly advised to take action and respond to preserve their EB-5 eligibility. The Notices are time sensitive with a deadline to respond (183 days from date of notice or 194 days if investor resides outside the United States). EB-5 investors are strongly encouraged to consult with an experienced Foster attorney to determine the optimal course of action based on their individual circumstances.
Foster LLP will continue to monitor changes in immigration benefits and will provide additional updates via our firm’s website at fosterglobal.com.