What Happens If Your EB-5 Regional Center Is Terminated

The single most disruptive event in an EB-5 investor's journey#

Of all the risks in the EB-5 program, few are as sudden or as consequential as learning that your regional center has been terminated by USCIS. A termination can throw years of planning, hundreds of thousands of dollars, and your family's immigration future into uncertainty. Since the EB-5 Reform and Integrity Act (RIA) took effect in March 2022, USCIS has significantly increased its enforcement posture, terminating dozens of regional centers for compliance failures, unpaid Integrity Fund fees, and failure to meet new regulatory requirements.

This article explains what regional center termination means, why it happens, how to check your center's status, what protections exist for affected investors, and what legal options remain if your center is terminated. All information is drawn from the statutory text of the RIA, USCIS Policy Manual guidance, and official USCIS data.

Individual circumstances vary significantly. If your regional center has been terminated or you believe termination is imminent, consult a qualified EB-5 immigration attorney immediately.

Key Facts#

• Since March 2022, USCIS has terminated or debarred more than 100 regional centers, making this a pressing concern for current investors.
• A terminated regional center cannot sponsor new or existing EB-5 projects, and any pending I-526E petitions associated with that center will be denied unless the investor takes protective action.
• The RIA introduced grandfathering protections that allow certain affected investors to transfer to a new project or file a new petition while retaining their original priority date.
• Investors can check their regional center's status at any time by consulting the USCIS Approved Regional Center list and the USCIS Terminated Regional Center list.
• Proactive due diligence before investing remains the single most effective way to avoid the consequences of regional center termination.

The recent wave of terminations: what happened and why#

Background: the RIA's new compliance framework#

When Congress enacted the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act of 2022 (Public Law 117-103, Division BB), it imposed a range of new obligations on regional centers. These include mandatory annual Integrity Fund contributions, detailed annual certifications, principal background checks, fund administration requirements, and compliance audits. Source: Public Law 117-103, Division BB, Title I, Sections 103 and 105. Blue trust tier.

Before the RIA, regional center oversight was minimal. USCIS designated centers with relatively limited ongoing compliance requirements. Many centers operated for years without meaningful scrutiny. The RIA changed this framework fundamentally, requiring all previously approved regional centers to re-register and meet the new standards within specified deadlines.

Why so many centers were terminated#

The scale of recent terminations reflects several converging factors:

• Failure to pay Integrity Fund fees. The RIA requires each regional center to pay an annual fee into the EB-5 Integrity Fund, which finances USCIS oversight activities. Centers that failed to pay were subject to automatic termination. Source: Public Law 117-103, Division BB, Title I, Section 105. Blue trust tier.
• Failure to file annual certifications. Regional centers must submit annual certifications confirming compliance with program requirements. Missing this deadline is grounds for termination.
• Failure to complete re-designation under the RIA. Centers approved before the RIA were required to file new Form I-956 applications to maintain their designations. Centers that did not re-designate were terminated.
• Compliance violations discovered through audits. Some centers were terminated after USCIS audits revealed material misrepresentations, misuse of investor funds, or failure to meet job creation commitments.
• Voluntary withdrawal. A smaller number of centers voluntarily withdrew their designation, often because they concluded the new compliance costs were unsustainable given the size of their operations.

The numbers#

USCIS does not publish a single comprehensive report on all termination actions. However, the terminated regional center list maintained on the USCIS website has grown substantially since 2022. By early 2026, more than 100 centers had been terminated, debarred, or had their designations voluntarily withdrawn. Source: USCIS, Terminated EB-5 Regional Centers list, accessed April 2026. Blue trust tier.

This represents a significant portion of the roughly 600 centers that were approved at the program's peak. The practical effect is that many investors who placed capital with these centers now face disrupted cases.

How to check your regional center's status#

Verifying your regional center's current status is straightforward but critically important. USCIS maintains two key resources:

The Approved Regional Center list#

This list, available on the USCIS website at uscis.gov, includes all currently designated regional centers. If your center appears on this list, it is currently authorized to sponsor EB-5 projects. Source: USCIS, Approved EB-5 Immigrant Investor Regional Centers. Blue trust tier.

The Terminated Regional Center list#

USCIS also publishes a separate list of terminated regional centers. If your center appears here, its designation has been revoked and it can no longer sponsor EB-5 projects. Source: USCIS, Terminated EB-5 Regional Centers. Blue trust tier.

Steps to verify status#

1. Visit the USCIS website and navigate to the EB-5 regional center resources.
2. Search for your regional center by name on the approved list.
3. If the center does not appear on the approved list, check the terminated list.
4. If the center appears on neither list, contact USCIS directly or consult your immigration attorney, as the center may be in a pending enforcement action.

Important caveats#

There can be a delay between a termination action and its appearance on the public list. USCIS also issues Notices of Intent to Terminate (NOITs), which precede formal termination. A center that has received an NOIT may still appear on the approved list while the proceeding is pending. For this reason, investors should also ask their regional center directly about any pending enforcement actions and review any correspondence the center has received from USCIS.

Impact on pending petitions#

The consequences of regional center termination depend on where you are in the EB-5 process. Understanding these distinctions is essential for making informed decisions.

If your I-526E petition is still pending#

When a regional center is terminated, USCIS issues a Notice of Intent to Deny (NOID) to all investors with pending I-526E petitions associated with that center. The petition cannot be approved if the sponsoring regional center no longer holds a valid designation. Source: USCIS Policy Manual, Volume 6, Part G, Chapter 4. Blue trust tier.

This does not mean your case is automatically denied. You will have an opportunity to respond to the NOID. Your options at this stage include:

• Switching to a new project under a different, approved regional center (discussed in detail below).
• Converting to a direct EB-5 investment, though this requires meeting different structural and operational requirements.
• Requesting additional time to identify an alternative project, though USCIS discretion on extensions is limited.

If you do not respond to the NOID or cannot identify an alternative, your I-526E petition will be denied.

If your I-526E has been approved but you have not yet received a visa#

Investors who already hold an approved I-526E but have not yet received their immigrant visa or adjusted status face a more complex situation. The approved petition may be subject to revocation if USCIS determines that the underlying basis for approval no longer exists. However, revocation is not automatic, and the specific facts of each case matter. Investors in this situation should consult an attorney immediately to assess whether the approval remains valid and what protective steps are available.

If you already hold a conditional green card#

Investors who have already entered the United States on a conditional green card and are awaiting I-829 adjudication are in a somewhat more protected position. The I-829 petition is evaluated based on whether the investor's capital was at risk, whether the requisite jobs were created, and whether the investment was sustained throughout the conditional residency period. A regional center's termination does not automatically invalidate the underlying investment or job creation, though it can complicate the evidentiary record. Source: USCIS Policy Manual, Volume 6, Part G, Chapter 7. Blue trust tier.

If your regional center is terminated while your I-829 is pending, you should:

1. Preserve all documentation of your investment, job creation, and capital at risk.
2. Work with your attorney to gather independent evidence (economic impact reports, payroll records, project financial statements) that does not rely on the terminated regional center's cooperation.
3. Be prepared for potential Requests for Evidence (RFEs) from USCIS seeking additional documentation.

If you have already received your permanent green card#

If your I-829 has been approved and your conditions have been removed, regional center termination has no immigration consequence for you. Your permanent green card is not contingent on the regional center's ongoing status. However, you may still have financial exposure related to the return of your invested capital.

Grandfathering protections under the RIA#

One of the most important provisions of the EB-5 Reform and Integrity Act addresses the situation of investors whose regional centers are terminated. The RIA includes specific protections designed to prevent investors from losing their priority dates and their place in the queue.

Priority date retention#

Under the RIA, an investor whose petition is denied or revoked due to regional center termination, debarment, or compliance failure may retain the priority date from the original filing when submitting a new I-526E petition with a different project. This is a critical protection, because priority dates determine an investor's place in the visa queue. Losing a priority date can mean years of additional waiting, particularly for investors from countries with long backlogs such as China, India, and Vietnam. Source: Public Law 117-103, Division BB, Title I, Section 104(b). Blue trust tier.

How grandfathering works in practice#

To benefit from priority date retention, the investor must:

1. File a new I-526E petition associated with a new, approved regional center project (or a qualifying direct investment).
2. Demonstrate that the original petition was denied or revoked due to the regional center's termination, not due to a deficiency in the investor's own filing.
3. Meet all current EB-5 requirements, including the current investment amounts and source of funds documentation.

The investor's new petition is evaluated on its own merits, but the priority date from the original petition carries forward. This means the investor does not go to the back of the visa queue.

Limitations of grandfathering protections#

Grandfathering is not a complete remedy. Several important limitations apply:

• Financial loss. Priority date retention does not protect the investor's capital. If the terminated regional center's project has failed and the investment cannot be recovered, the investor must make an entirely new investment to file a new petition. This can mean investing an additional $800,000 or more on top of unreturned capital from the original investment.
• Time cost. Filing a new I-526E petition means starting the adjudication process again. Even with a retained priority date, the new petition must be processed, which can take 12 to 24 months or more depending on current USCIS processing times.
• Eligibility requirements. The new petition must meet all current requirements under the RIA, including the updated investment thresholds. Investors who originally invested $500,000 under the pre RIA rules may need to invest $800,000 or more under the current framework.
• Grandfathering expiration. The RIA's grandfathering provisions for pre RIA investors expire on September 30, 2026. Investors affected by termination should act well before this deadline. Source: Public Law 117-103, Division BB, Title I, Section 104(a). Blue trust tier.

Switching projects: how to transfer to a new regional center#

For many investors whose regional center has been terminated, switching to a new project under a different approved regional center is the most practical path forward. Here is how this process works.

Identifying a replacement project#

Finding a suitable replacement project requires careful due diligence. The investor must identify a project that:

1. Is sponsored by a currently approved regional center with a strong compliance record.
2. Has an approved or pending Form I-956F (project application) with USCIS.
3. Is located in a qualifying Targeted Employment Area (TEA) if the investor is pursuing the reduced investment amount.
4. Has a credible job creation plan supported by a qualified economic analysis.
5. Offers acceptable terms for capital deployment, investment timeline, and exit strategy.

Working with your attorney#

Your immigration attorney plays a central role in this process. The attorney will:

• Evaluate whether the new project meets USCIS requirements and whether the investor's source of funds documentation can be adapted for the new filing.
• Coordinate the new I-526E filing, including any request for priority date retention based on the prior petition.
• Communicate with USCIS regarding the NOID on the original petition, requesting appropriate deadlines or extensions where possible.

Timeline considerations#

Switching projects is not instantaneous. Investors should expect the following general timeline:

• Identifying and evaluating a new project: 2 to 8 weeks, depending on the investor's preparation and the availability of suitable projects.
• Preparing and filing a new I-526E petition: 4 to 12 weeks, including source of funds documentation updates.
• USCIS adjudication of the new petition: 12 to 24 months under current processing times, though rural TEA and set aside projects may process faster. Source: USCIS Processing Times, updated quarterly. Yellow trust tier (processing times fluctuate).

The entire process from termination to new petition approval can take 18 months or more. During this period, the investor's immigration status may be uncertain, which underscores the importance of acting quickly.

Legal options for affected investors#

Beyond switching projects, investors whose regional centers have been terminated have several legal avenues to explore.

Administrative appeals#

If USCIS denies an I-526E petition due to regional center termination, the investor may file an appeal or a motion to reopen with the USCIS Administrative Appeals Office (AAO). However, the grounds for a successful appeal in this context are narrow. If the termination itself is valid, the denial of associated petitions generally follows as a matter of law. Appeals are more likely to succeed if there is a procedural error in the termination process or if USCIS failed to follow proper notice requirements.

Litigation against the regional center#

Investors may have civil claims against a terminated regional center, its principals, or affiliated entities. Common legal theories include:

• Breach of contract. If the regional center or project entity failed to deploy capital as promised in the Private Placement Memorandum (PPM) or subscription agreement.
• Securities fraud. EB-5 investments are securities under federal law. If the regional center made material misrepresentations or omissions in offering documents, investors may have claims under the Securities Act of 1933 or the Securities Exchange Act of 1934.
• Breach of fiduciary duty. In some structures, regional center principals owe fiduciary duties to investors.
• State law claims. Depending on the jurisdiction, investors may have additional claims under state consumer protection or fraud statutes.

Recovery in these cases is often difficult, particularly if the regional center's principals have limited assets or if investor funds were dissipated before termination. Nonetheless, investors should consult a securities litigation attorney to evaluate their options.

SEC and USCIS complaints#

Investors can file complaints with the Securities and Exchange Commission (SEC) and with USCIS. While these complaints do not directly recover funds, they can trigger enforcement actions that may lead to asset freezes, receiverships, or other remedies that benefit affected investors as a group. Source: SEC Tips, Complaints, and Referrals system; USCIS EB-5 Fraud reporting. Blue trust tier.

Class action or group litigation#

In cases involving many investors, class action lawsuits or group litigation may be more practical than individual claims. Several notable EB-5 fraud cases have been resolved through court appointed receiverships that distributed recovered assets to affected investors. While recoveries in these cases are rarely complete, collective action can be more cost effective than individual litigation.

How to protect yourself before investing#

The most effective protection against regional center termination is thorough due diligence before committing capital. While no amount of research can eliminate all risk, the following steps significantly reduce exposure.

Verify the regional center's current status#

Before investing, confirm that the regional center appears on the USCIS Approved Regional Center list. Also check the Terminated Regional Center list to ensure the center has not been previously terminated and re-designated, which could indicate a pattern of compliance difficulties.

Review the center's compliance history#

Ask the regional center for its compliance record, including:

• Confirmation that all Integrity Fund fees have been paid.
• Copies of annual certifications filed with USCIS.
• Any history of NOITs, RFEs, or enforcement actions.
• Background information on all designated principals.

A center that refuses to provide this information or responds evasively should be treated with extreme caution.

Evaluate the center's financial stability#

A regional center that depends on new investor capital to sustain its operations (rather than earning revenue from existing, performing projects) is at higher risk of compliance failure. Ask about the center's operational funding, overhead structure, and business model independent of new subscriptions.

Assess the project independently#

Remember that USCIS approval of a regional center is not approval of any specific project. Evaluate the project's business plan, the economic analysis supporting job creation, the developer's track record, and the project's financial structure. Retain an independent financial advisor if the investment is substantial relative to your net worth.

Read the Private Placement Memorandum carefully#

The PPM is a legal document, and it contains critical information about risks, fees, conflicts of interest, and the terms under which capital can be deployed, returned, or lost. Pay particular attention to:

• What happens to your capital if the regional center is terminated.
• Whether the PPM includes provisions for transferring investors to a different project.
• What exit mechanisms exist and on what timeline.
• What fees are charged and to whom they are paid.

Retain qualified counsel#

An experienced EB-5 immigration attorney can identify risks that are not apparent from marketing materials alone. The attorney should review all offering documents, evaluate the regional center's track record, and advise on both immigration and financial risks. Spending a few thousand dollars on independent legal review before investing can prevent catastrophic losses.

Diversify your immigration strategy where possible#

For investors who are not time constrained, maintaining eligibility for alternative immigration pathways (such as E-2, L-1, or EB-2 NIW) can provide a safety net if the EB-5 investment encounters problems. While not all investors have this flexibility, those who do should consider keeping other options open.

What to do immediately if your regional center is terminated#

If you learn that your regional center has been terminated, take these steps promptly:

1. Contact your immigration attorney. Your attorney should assess your specific situation, identify your options, and begin the process of responding to any USCIS notices.
2. Preserve all documents. Collect and secure all investment records, USCIS correspondence, PPM documents, subscription agreements, wire transfer receipts, and any communications with the regional center.
3. Check your USCIS case status. Log into your USCIS account and review the status of your I-526E, I-485, or I-829 petition. Look for any notices, NOIDs, or RFEs.
4. Evaluate replacement projects. Begin researching alternative regional center projects immediately. The faster you identify a replacement, the more options you will have.
5. Assess your financial exposure. Determine whether and how much of your original investment may be recoverable. Consult a securities attorney if you believe funds were mismanaged.
6. Do not panic. While the situation is serious, the RIA's grandfathering and priority date retention provisions mean that a terminated regional center does not necessarily end your immigration journey. Many investors have successfully transferred to new projects and obtained their green cards after a termination event.

Frequently Asked Questions#

Can USCIS terminate a regional center without warning?#

USCIS generally issues a Notice of Intent to Terminate (NOIT) before formally terminating a regional center. The NOIT gives the center an opportunity to respond and cure the identified deficiency. However, in cases involving fraud or immediate public harm, USCIS may proceed more quickly. Investors typically learn of termination after the fact, either through USCIS correspondence or through the regional center itself. This is one reason ongoing monitoring of your center's status is important throughout your case. Source: USCIS Policy Manual, Volume 6, Part G, Chapter 4. Blue trust tier.

Will I lose my investment if my regional center is terminated?#

Regional center termination does not automatically mean your capital is lost, but the risk of financial loss is significantly elevated. The outcome depends on the project's financial condition, whether capital was properly deployed, and whether the project entity (which is typically separate from the regional center) can continue operating. In some cases, projects continue under new management or a new regional center sponsor. In others, particularly where termination resulted from fraud or mismanagement, investor capital may be partially or entirely unrecoverable. Consult both an immigration attorney and a securities attorney to understand your specific financial exposure.

Can I switch from a regional center project to a direct EB-5 investment?#

Yes. An investor whose regional center has been terminated can file a new I-526E petition based on a direct EB-5 investment rather than a regional center project. However, direct investments have different structural requirements: the investor must play an active role in the management of the new commercial enterprise, and the job creation methodology differs (direct jobs only, not indirect or induced jobs). This path is more complex and may not be suitable for all investors. Your immigration attorney can advise on whether a direct investment is feasible given your circumstances and timeline. Source: USCIS Policy Manual, Volume 6, Part G, Chapter 2. Blue trust tier.

Sources#

• USCIS Policy Manual, Volume 6, Part G (Investors). The authoritative guidance on EB-5 adjudication standards, including regional center termination procedures, investor protections, and petition processing after termination. Available at uscis.gov/policy-manual.
• EB-5 Reform and Integrity Act of 2022 (Public Law 117-103, Division BB, Title I). The statutory text governing regional center obligations, Integrity Fund requirements, grandfathering provisions, and priority date retention. Available through Congress.gov.
• USCIS Approved EB-5 Immigrant Investor Regional Centers list. The official registry of currently designated regional centers, updated periodically. Available at uscis.gov.
• USCIS Terminated EB-5 Regional Centers list. The official list of regional centers whose designations have been revoked. Available at uscis.gov.
• USCIS Stakeholder Engagement Sessions (2023 through 2026). Public engagement sessions in which USCIS has discussed termination procedures, grandfathering protections, and compliance expectations.