USCIS Issues Guidance on Noncompliance with EB-5 Regional Center Program

USCIS issued policy guidance for noncompliance with the EB-5 Regional Centers, updating Part G, Investors, in Volume 6 of the Policy Manual, to incorporate statutory reforms included in the EB-5 Reform and Integrity Act of 2022 (RIA), and is effective immediately.

The RIA went into effect on March 15, 2022, substantially reforming the EB-5 program, especially the regional center program. This Policy Manual update provides guidance on new authorities under the INA as amended by the RIA.

The guidance interprets the provisions related to sanctions, including terminations, debarments, and suspensions, for noncompliant regional centers, new commercial enterprises, job-creating entities, investors, and others. The guidance also explains what may be considered threats to the national interest, fraud, intentional material misrepresentation, deceit, and criminal misuse in the context of discretionary determinations that require us to take adverse action on certain EB-5 petitions, applications, and benefits. It also outlines special considerations for good-faith pre-RIA investors to retain eligibility under INA sec. 203(b)(5)(M) after we terminate or debar their regional center, new commercial enterprise, or job-creating entity due to noncompliance.