U.S. Citizenship and Immigration Services (USCIS) has announced new provisions regarding EB-5 regional center audits in accordance with the EB-5 Reform and Integrity Act of 2022. Each designated regional center will be audited at least once every five years, and audits will review documentation required to be maintained by the regional center and the flow of immigrant investor capital into capital investment projects. Audits aim to enhance the integrity of the EB-5 program by verifying information in regional center applications, annual certifications, and associated investor petitions.

During site visits for audits, if a regional center representative refuses to participate, the visit will be canceled and the audit report will be completed using available data, noting the cancellation at the request of the regional center. Regional centers that refuse consent or obstruct audits may have their designation terminated.

However, there are generally no immediate adverse consequences for EB-5 associated entities or petitioners solely based on a negative audit result, except in cases of deliberate noncompliance or obstruction. The findings may be used to evaluate a regional center’s eligibility to remain designated and compliance with applicable requirements.

Starting April 23, 2024, audits will adhere to Generally Accepted Government Auditing Standards to ensure uniformity. USCIS launched a new EB-5 Regional Center Audits webpage to provide information on the auditing process.

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Photo of Miriam C. Thompson Miriam C. Thompson

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national…

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national interest waivers. Miriam’s representative matters within her practice area include providing legal and policy guidance to large multinational companies, as well as individual clients, startup companies, and small and mid-size domestic corporations, with a focus on delivering effective strategies in the realm of worksite immigration compliance and U.S. immigration programs.

Miriam also counsels employers in connection with internal and external audits to ensure regulatory compliance with I-9 employment verification, E-Verify, and U.S. Department of Labor requirements. Her representative work includes developing enterprise-wide immigration policies for large employers and advising on immigration-related concerns of companies undergoing corporate restructuring, mergers and acquisitions, and reductions in workforce. She also supports multinational employers with complex global workforce needs and works with professionals from the firm’s labor and employment and tax and benefits groups to provide strategic planning on cross-border employee mobility.

Miriam lived, studied, and worked in Germany, Switzerland, and France. Her native language is German and she is conversational in French.