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How does an EB-5 regional center get terminated?

USCIS recently published a list of 116 EB-5 regional centers that have been terminated. How does a regional center get terminated by the USCIS?

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    Regional centers may get terminated for many reasons. The most common reasons are a failure to comply with USCIS requirements/inactivity. Sometimes they get terminated due to unlawful activities or fraud.

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    Thank you for your question about terminations of regional center designation. There are many reasons that an EB-5 regional center can have its designation terminated. 8 Code of Federal Regulations (CFR) 204.6(m)(6) provides that USCIS may terminate a regional center, after issuing a "Notice of Intent to Terminate" if the regional center: (1) fails to submit required information to USCIS or (2) no longer serves the purpose of promoting economic growth.

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    The regional centers could be terminated for a myriad of reasons, some based on malfeasance such as a charge of fraud, but most are terminated on account of inactivity. While there are over 900 regional centers designated by USCIS, many in the industry would agree that perhaps less than 100 regional centers have done any projects and less than that have done multiple projects successfully. Why USCIS would waste so much of their limited staffing resources adjudicating and approving so many regional centers while the processing times of actual petitions get longer and longer is another question entirely.

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    A regional center may be terminated if it (1) fails to submit required information to USCIS (Form I-924A) or fails to pay the required fee or (2) no longer serves the purpose of promoting economic growth.

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    If a violation has been found by the USCIS or the SEC regarding the operation of the regional center, the USCIS may revoke the regional center designation.

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    A regional center may be terminated based on inactivity and/or unlawful activity.

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