The U.S. Citizenship and Immigration Services (USCIS) has intensified its compliance efforts by launching ongoing audits of EB-5 Regional Centers under the EB-5 Reform and Integrity Act of 2022 (RIA).
This initiative underscores USCIS’s focus on transparency, program integrity, and investor protection within the EB-5 immigrant investor program.
Purpose of the Audits
Under the RIA, USCIS must audit every approved Regional Center at least once every five years to ensure continued compliance with EB-5 regulations.
These reviews aim to verify that each Regional Center:
- Continues to support job creation consistent with EB-5 requirements,
- Maintains proper accounting and recordkeeping of investor funds, and
- Complies with all applicable statutory and reporting obligations.
Audits are designed to safeguard the program’s credibility by confirming that EB-5 projects operate transparently and that investor capital is used as intended.
What Regional Centers Can Expect
USCIS conducts most audits remotely, but may also perform on-site inspections at Regional Center offices or affiliated project sites when needed.
During an audit, USCIS may request:
- Financial and accounting records covering the prior five years,
- Evidence from previous EB-5 filings and certifications,
- Government or public records tied to project operations, and
- Interviews or questionnaires completed by Regional Center personnel.
Upon receiving an audit notice, each Regional Center must acknowledge receipt within seven days and provide a designated point of contact for coordination.
Failure to cooperate or respond may result in negative findings or possible termination of Regional Center designation.
Key Areas of USCIS Focus
Auditors will typically examine:
- Recordkeeping practices to confirm data accuracy and proper documentation.
- Investor tracking systems to verify lawful fund use and job creation evidence.
- Governance and compliance policies under the RIA’s integrity framework.
- Transparency measures involving investor communication and financial oversight.
Steps Regional Centers Should Take Now
NPZ recommends that EB-5 Regional Centers and affiliated entities take proactive steps to ensure compliance:
- Conduct internal record audits for accuracy and completeness.
- Verify all investor and job creation documentation is up to date.
- Assign a compliance liaison or officer to oversee communications with USCIS.
- Review policies under the RIA to ensure adherence to new integrity standards.
- Work with experienced legal counsel to prepare for potential remote or in-person audits.
Being organized and responsive demonstrates good faith and helps reduce the risk of audit complications.
Why This Matters
The EB-5 program continues to attract foreign investment and create jobs across the United States.
However, the RIA’s strengthened oversight provisions mean Regional Centers must maintain robust compliance systems and transparent financial reporting at all times.
These audits are not only regulatory in nature — they are a reminder of the government’s ongoing commitment to protecting investors and preserving the integrity of the EB-5 program.
FAQ – EB-5 Regional Center Audits (October 2025)
Q1: How frequently will Regional Centers be audited?
At least once every five years, though USCIS may conduct additional reviews if issues are identified.
Q2: What happens if a Regional Center fails to cooperate with an audit?
Failure to comply may result in formal warnings, deficiency notices, or even termination of the Regional Center’s approval.
Q3: How can a Regional Center prepare?
Maintain clear financial records, implement internal compliance policies, and seek legal counsel to ensure readiness for audit review.
Contact NPZ Law Group
If you operate or invest through an EB-5 Regional Center, contact NPZ Law Group at www.visaserve.com or call 201-670-0006.
Our attorneys assist Regional Centers and EB-5 investors with compliance strategies, audit preparation, and ongoing regulatory guidance under the EB-5 Reform and Integrity Act.