In September 2025, U.S. Citizenship and Immigration Services (USCIS) began issuing Notices of Regional Center Termination to EB-5 investors whose regional centers failed to comply with the requirements of the EB-5 Reform and Integrity Act of 2022 (RIA) necessary to maintain regional center eligibility. These enforcement actions have sent shockwaves through the EB-5 investor community.
Industry reports confirm that regional center terminations are no longer rare or theoretical—they are actively occurring. For investors, the critical question is no longer whether this could affect them, but how to respond if it does.
What Is a Notice of Termination (NOT)?
The EB-5 program allows foreign nationals to obtain U.S. permanent residency by investing in a “new commercial enterprise” that creates at least 10 full-time jobs. Many investors participate via a designated regional center—an entity approved by USCIS to pool investments and manage job-creation across a geographic area.
A Notice of Termination is issued when USCIS determines that a regional center no longer complies with EB-5 program requirements. Once terminated, the regional center “may not solicit, generate, or promote investors or investments or otherwise participate as a designated regional center in connection with the Immigrant Investor Program.”
USCIS cites two principal grounds for issuing a NOT:
- Failure to continue serving the purpose of promoting economic growth — i.e., the regional center’s projects are inactive, failing to invest capital, create jobs, or otherwise produce measurable results in their approved geographic area.
- Failure to submit required reports, pay fees (such as the “Integrity Fund” annual fee introduced by RIA), or otherwise maintain compliance with filing requirements (e.g., Form I-924A or the newer I-956 series).
Does Regional Center Termination Automatically End My EB-5 Case? Will I Lose My Green Card Immediately?
Regional center termination does not automatically invalidate investors’ petitions or conditional status, but it can disrupt job creation and compliance requirements. Investors tied to terminated centers must act swiftly to maintain eligibility, as USCIS now imposes strict 183-day (or 194-day for overseas residents) deadlines to respond to the NOT or risk petition denial and status termination.
Possible Paths for Investors After a Regional Center Termination
1. Good-Faith Investor Protections
The EB-5 Reform and Integrity Act of 2022 (RIA) protects good-faith investors from losing eligibility upon regional center termination, or new commercial enterprise (NCE)/job-creating entity (JCE) debarment.
Commonly known as Good Faith Investor Protections, affected investors are given 180 days after USCIS issues the termination notice to preserve their immigration eligibility. Recent USCIS letters show that, following termination, USCIS now directly notifies affected investors and outlines specific next steps based on the protections.
During the 180-day window, good-faith investors must take one of the options below to preserve their EB-5 eligibility:
- Continue under the same NCE — demonstrate that your petition still meets all EB-5 requirements despite termination.
- Reassociate with another approved regional center — amend your petition and show that your NCE has affiliated with a new regional center, even outside its original geographic boundary.
- Make a new qualifying investment — invest in a new commercial enterprise and submit documentation to prove the new investment meets EB-5 requirements.
For options (2) and (3), investors who act within the 180-day deadline may retain their original priority date and derivative family benefits.
For option (3), the required investment amount is based on the investment threshold as of the original filing date of the underlying petition. Accordingly, pre-RIA investors may reinvest at the $500,000 level if investing in a targeted employment area. While many EB-5 projects today require the post-RIA minimum investment amount of $800,000, qualifying projects that accept a $500,000 investment may still be available in limited circumstances.
With respect to the timing for the removal of conditions, investors who timely made a new qualifying investment following the termination of the regional center will become eligible to have their conditions removed two years after the subsequent investment.
Investors are encouraged to consult with an experienced immigration attorney to assess available options and ensure compliance with program requirements.
2. Immigration Court Review of Form I-829
For investors who have already obtained conditional permanent resident (CPR) status, the termination of a regional center or failure of an EB-5 project may, in some cases, result in USCIS denying the Form I-829 petition to remove conditions. If an I-829 is denied, USCIS typically issues a Notice to Appear (NTA), placing the investor and any derivative family members into removal proceedings before the immigration court.
At that point, the case is reviewed by an immigration judge, who conducts a de novo review of the I-829 petition. This means the judge is not bound by USCIS’s prior decision and will independently evaluate the evidence. The court may consider whether the investor’s funds were lawfully invested and remained at risk, as well as whether the required job creation requirements were ultimately satisfied. While being placed in removal proceedings is often a stressful, time-consuming, and highly inconvenient process, immigration court review can, in appropriate cases, provide investors with an additional opportunity to present their EB-5 case and seek approval despite project or regional center issues.
The Law Offices of Sabrina Li: Turning Regulatory Uncertainty into Strategic Solutions
The growing number of USCIS Notices of Termination under the EB-5 Regional Center Program highlights how quickly a once-stable investment can turn into legal uncertainty. While a regional center’s termination does not automatically end an investor’s immigration journey, it can create serious and time-sensitive challenges that require decisive and informed action.
At the Law Offices of Sabrina Li, we focus on helping EB-5 investors navigate these complex regulatory situations through careful legal analysis, strategic planning, and proactive advocacy. If your EB-5 investment is affected by a regional center termination—or if you are unsure how recent USCIS actions may impact your case—we encourage you to contact our office today at (213) 375-8096 or email info@sabrinali.law. Our experienced EB-5 legal team is prepared to evaluate your options, protect your eligibility, and guide you toward a viable path forward.
