The EB-5 Reform and Integrity Act of 2022 (RIA) significantly changed the way USCIS handles regional center compliance. One of the most concerning developments for investors is the termination of a regional center.
If your EB-5 project’s regional center is terminated, does that mean your green card case is over?
Not necessarily.
The answer depends on:
- When you filed your petition (before or after April 2022)
- Why the regional center was terminated
- Whether you qualify as a good-faith investor
- Whether the project itself remains viable
Below is a practical breakdown for EB-5 investors navigating this situation.
Step One: Are You a Pre-RIA or Post-RIA Investor?
The most important distinction is whether you filed your I-526 petition before or after April 2022, when the RIA went into effect.
Pre-RIA Investors
(I-526 filed before April 2022)
Many pre-RIA investors have more flexibility — especially if the regional center was terminated for administrative reasons such as failure to pay required Integrity Fund fees.
In certain situations:
- You may continue to process your I-526.
- You may still complete immigrant visa or adjustment processing.
- You may proceed with I-829 removal of conditions.
- You may not need to reinvest or associate with a new regional center.
However, this depends on whether:
- The project is still creating the required jobs, and
- The termination does not involve fraud or fundamental project failure.
If the underlying investment or job creation is compromised, reassociation or reinvestment may still be required.
Post-RIA Investors
(I-526E filed after April 2022)
Post-RIA investors are subject to stricter compliance requirements.
If your regional center is terminated, you generally must take action within 180 days of receiving notice from USCIS.
You typically have two options:
- Have the New Commercial Enterprise (NCE) associate with another approved regional center, or
- Make a qualifying investment in a different NCE.
In many cases, an amended I-526E filing will be required.
The good news:
- Priority date retention is generally preserved.
- Age-out protection for derivative children may be retained.
- USCIS may hold the petition in abeyance while changes are processed.
However, investors who knowingly participated in wrongdoing will not receive these protections.
What If the Project Itself Has Failed?
Regional center termination is one issue.
Project failure is another.
If:
- The required jobs will not be created, or
- The project cannot sustain the investment
You may need to use the protections under INA §203(b)(5)(M) to amend your petition and reinvest in a compliant project.
Each case requires detailed analysis of:
- Capital deployment
- Job creation metrics
- Timing of termination
- Your stage in the process (I-526, I-526E, I-829)
Understanding the 180-Day Rule
Post-RIA investors typically receive:
- Notice from DHS of termination
- 180 days to respond or amend
Failing to respond within that window can result in adjudication under the existing record — which may not be favorable.
Timing is critical.
Comparison: Pre-RIA vs Post-RIA Investors
| Issue | Pre-RIA Investors | Post-RIA Investors |
| Filing Form | I-526 | I-526E |
| Subject to RIA new rules? | Limited | Yes |
| Must reassociate with new RC? | Sometimes | Often required |
| Must reinvest? | Depends on facts | Frequently required |
| 180-day deadline? | Yes (varies slightly if abroad) | Yes |
| Priority date retention | Generally protected | Protected if amended properly |
| Age-out protection | Preserved | Preserved |
| Fraud participation protection | No protection if involved | No protection if involved |
Practical Steps for EB-5 Investors
If your regional center receives a Notice of Intent to Terminate (NOIT):
- Confirm whether the regional center plans to appeal.
- Review project job creation status.
- Determine whether the termination is administrative or project-related.
- Evaluate whether reassociation or reinvestment is required.
- Act well before the 180-day deadline.
Do not assume termination automatically ends your immigration process. Many investors retain viable pathways — but only if they respond strategically.
Frequently Asked Questions (FAQ)
Does regional center termination automatically cancel my green card case?
No. Eligibility depends on filing date, project viability, and your good-faith participation.
Can I keep my priority date?
In most cases, yes — especially if you properly amend your petition under Section M protections.
What happens to my child’s age if there is a delay?
Age-out protections are generally preserved when amendments are filed properly.
If I reinvest, do I restart the two-year sustainment period?
For post-RIA investors making a subsequent qualifying investment, the sustainment period may run from the date of the new investment.
What if the termination was only due to unpaid Integrity Fund fees?
Pre-RIA investors in those cases may be able to continue without reassociation, depending on project viability.
What if I was unaware of misconduct?
Good-faith investors are generally protected. Knowing participation in fraud removes those protections.
Final Thoughts
The EB-5 Reform and Integrity Act introduced investor protections — but it also imposed stricter compliance expectations.
A regional center termination is serious, but it is not necessarily fatal to your case.
The key questions are:
- When did you file?
- Why was the center terminated?
- Is your project still viable?
- Have you acted within the required timeframe?
Every EB-5 investor facing this issue should obtain a detailed case-specific review before making reinvestment or amendment decisions.
Strategic planning can preserve your immigration benefits — but delays can jeopardize them.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.