Some EB-5 investors are opening their mailboxes to find a notice from the United States Citizenship and Immigration Services (USCIS) informing them that their regional center has been terminated and that they have 180 days to protect their applications.
“We got a few hundred of these,” says EB-5 attorney Bernard Wolfsdorf from WR Immigration. “We even got them for people with approved I-829s, so it appears this is an automated notification, and we are therefore individually reviewing each case to ensure that they fit into one of the three categories.”
Eighteen clients of EB-5 attorney Tony Wong from Wong & Associates have received the notices.
EB-5 clients of Fredrick Voigtmann from the Law Office of Fred Voigtmann PC have also received notifications. “The notices are identical except for the RC name and the investor name; they each were issued on Sept. 25, 2025. Most of the notices related to I-526 petitions, but some related to pending I-829 petitions.”
USCIS began sending these notifications before the start of the 2026 fiscal year on Oct. 1. They affect both pre-Reform and Integrity Act of 2022 (RIA) regional center investors and new ones. The agency has also updated its list of approved regional centers on Sept. 22, increasing the number from 534 to 580.
According to U.S. immigration attorney Jennifer Hermansky from Greenberg Traurig, LLP and chair of the EB-5 Committee for the American Immigration Lawyers Association (AILA), “the investors can choose a way to proceed with their immigration process.”
What do the USCIS notices say?
“USCIS stated that the investor ‘must take action in response to this notice within 183 days,’ but the notice itself does not explicitly state what action should be taken,” Voigtmann says.
He notes that the notices distinguish between investors within and outside the U.S.
“If the investor is residing in the United States, their deadline for submitting a response is March 27, 2026, while if the investor is residing outside of the U.S., the deadline for submitting a response is April 7, 2025,” he says. “Since I-829 petitioners are conditional lawful permanent residents, they all should be residing in the U.S. The I-526 petitioners might be residing in the United States or not. An additional 10 days is granted to those petitioners residing outside the United States.”
Why does USCIS terminate regional centers?
Terminations occur when regional centers fail to comply with required reporting or compliance rules. Some become inactive and stop sponsoring projects. Others wind down voluntarily. In more serious cases, it is due to concerns about mismanagement or fraud.
Regardless of the cause, terminations have left EB-5 investors in a procedural limbo in the past. That is why the U.S. Congress built investor protections into law when it renewed the program in 2022, so investors are not punished.
From the moment the notice is issued, a 6-month clock starts for EB-5 investors to decide to pursue or cease their applications.
“The notices are required by law and not a problem if applicants can demonstrate continued eligibility despite the regional center’s termination,” says Wolfsdorf. “If applicable, the applicant must amend the petition to show that the original new commercial enterprise has associated with a new approved regional center or amend the petition to show that a qualifying investment in another new commercial enterprise has been made.”
The rights of a “Good Faith” EB-5 investor
Under RIA, investors affected by this situation are acting in “good faith.” However, if USCIS finds that they contributed to the behavior that led to the termination of their regional center, they will reject those applications.
These “Good faith” investors must decide between three options: whether to show their investment still qualifies despite the termination, amend their petition to associate with a new approved regional center, or document a new qualifying investment.
“Each of the above options carries legal, financial, and timing implications,” said Yuliya Veremiyenko-Campos from YVC Legal.
Wong adds, “If the RC can help switch the NCE to another RC, option two should be picked. Otherwise, the investor must seek another RC by himself under Section M.”
Hermansky explains that investors who filed before RIA 2022 should consider the merits of their applications.
“Particularly where the investor is a pre-RIA investor who filed an I-526 Petition prior to March 2022, those investors may select to proceed on the merits of their petition, notwithstanding the regional center’s termination, where the regional center was terminated for failure to pay the integrity fee,” she says.
What is the impact on I-829 applicants?
For those in the I-829 stage, Wong explains investors must respond even if their petition has been approved. “For I-829, if the regional center was still alive and the requirements had been satisfied at the time the petition was filed, option one is the choice, but I still advise the investor to respond.”
If EB-5 applicants ignore these notices, they risk having their cases denied and revoked, or even having their conditional residence terminated, particularly if they have already passed the adjustment of status phase of their application.
Veremiyenko-Campos says “a timely and well-documented response is crucial.”
Immigration attorneys should review the notice and application status, advise their clients on available options, gather evidence, and craft a response that demonstrates continued eligibility. Additionally, they must identify risks such as weak job creation or fund redeployment issues and suggest quick fixes. Lastly, they must ensure timely filing of the notice and manage follow-up processes, including requests for evidence, interviews, or approvals.
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