USCIS has issued new policy guidance addressing the provisions in the Immigration and Nationality Act (INA) related to noncompliance with the EB-5 Regional Center program.
This guidance covers sanctions such as terminations, debarments, and suspensions for noncompliant regional centers, new commercial enterprises, job-creating entities, and investors. It also defines what constitutes threats to the national interest, fraud, intentional material misrepresentation, deceit, and criminal misuse in discretionary determinations. Additionally, it outlines special considerations for good-faith pre-RIA investors to retain eligibility under INA sec. 203(b)(5)(M) after termination or debarment of their regional center or related entities.
This update, effective immediately, incorporates reforms from the EB-5 Reform and Integrity Act of 2022 into Part G, Investors, in Volume 6 of the USCIS Policy Manual.