If your EB-5 regional center has been terminated by USCIS, don’t panic. Learn your options—from re-affiliation to direct investment or appeal—to protect your immigration goals.
USCIS oversight of the EB-5 Immigrant Investor Program has intensified, and many regional centers have recently faced termination for noncompliance, inactivity, or reporting failures.
If you’re an EB-5 investor and your regional center has been terminated, you may worry that your immigration path is in jeopardy. The good news: you still have options. Below, we break down the practical steps you can take to safeguard your investment and your journey toward U.S. permanent residence.
1. Understand Why the Regional Center was Terminated
A regional center may be terminated for several reasons including:
- Failure to file required annual reports (Form I-924A);
- Misuse or mismanagement of investor funds;
- Fraud, misrepresentation, or noncompliance with EB-5 regulations;
- Inactivity or lack of qualifying job-creation projects.
Your USCIS termination notice will outline the reasons and effective date. This document is critical for determining your next steps.
2. Determine Where You Stand in the EB-5 Process
Your best strategy depends on your stage in the EB-5 process:
Your I-526 or I-526E Petition is Pending
If your I-526 or I-526E Petition is Pending, you may be eligible to re-affiliate with another regional center or convert to a direct EB-5 project. Timing is crucial, and restructuring your investment improperly could lead to a denial.
Your I-526 is Approved But You Don’t Yet Have a Green Card
If your I-526 has been approved but you do not yet have your green card, you must ensure your investment remains “at risk” and can still produce the required jobs. Material changes to the project could affect your eligibility.
You Hold Conditional Permanent Residence
If you already have your conditional green card, when filing your I-829 petition, you must show your investment met job-creation requirements and stayed “at risk” through the conditional period—even if the regional center was later terminated.
3. Explore Your Options
There are several paths forward after a termination:
Re-Affiliate With a New Regional Center
Sometimes, terminated projects can be adopted by an active regional center willing to assume oversight. USCIS must approve the new affiliation.
Convert to a Direct EB-5 Investment
You can transition to a direct investment structure, which requires proving direct job creation (rather than indirect job creation). This can be more complex but remains a valid path forward.
Motion, Appeal, or Reinstatement
A regional center may file a Motion to Reopen or Reconsider (Form I-290B) or appeal a termination to the Administrative Appeals Office (AAO). If reinstated, your project may regain eligibility.
Redeployment Options
If your original project has ended, your funds may need to be redeployed into a new, qualifying investment. USCIS guidance allows redeployment if the funds remain at risk and job creation continues.
4. Protect Your Immigration and Financial Interests
To strengthen your position, investors should:
- Consult both immigration and securities counsel;
- Request updated job-creation and fund-use reports;
- Stay informed about USCIS policy updates; and
- Perform independent due diligence before re-affiliating or redeploying funds.
Conclusion
A regional center termination can be unsettling, but it doesn’t have to end your EB-5 journey. With proper legal and financial guidance, many investors preserve—or even strengthen—their immigration path to U.S. permanent residence.
If your EB-5 regional center has been terminated, contact our immigration team for a confidential case review. We can help you evaluate options, preserve eligibility, and guide you through re-affiliation or conversion.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every EB-5 case is unique; investors should consult with qualified immigration counsel before making decisions.
Subscribe to the WR Immigration Newsletters
