U.S. Citizenship and Immigration Services (USCIS) continues to issue formal notifications initiating audits of EB-5 Regional Centers under the EB-5 Reform and Integrity Act of 2022 (RIA)’s authority.
The RIA requires USCIS to audit each approved Regional Center at least once every five years to ensure continued compliance with EB-5 program requirements. The audit process is designed to assess whether a Regional Center is operating according to EB-5 statutory and regulatory standards — including job creation, investor activity, and proper recordkeeping.
According to the notification letters, the USCIS Immigrant Investor Program Office (IPO) Audit Branch will conduct audits primarily on a remote basis but may also perform on-site inspections at the Regional Center, associated new commercial enterprises (NCEs), or job-creating entities (JCEs) if warranted.
The audits include a comprehensive review of:
- Books, ledgers, and records for the preceding five years,
- Evidence submitted with prior filings and certifications,
- Government, commercial, and public records, and
- Questionnaires and potential interviews with Regional Center representatives.
Regional Centers receiving audit notifications are required to confirm receipt and identify a point of contact within seven days. USCIS may schedule an audit entrance conference following that confirmation. Failure to cooperate or respond may lead to recommendations for termination of the Regional Center’s designation. Document request responses are typically due within a few weeks of the audit notification.
Regional Centers and their associated NCEs should consider:
- Reviewing their recordkeeping systems for the past five years,
- Confirming that all job creation and investor tracking documentation is organized and accessible,
- Designating an internal audit contact and preparing for potential remote or in-person review, and
- Working with counsel to prepare for an in-person review.
Key Takeaway
EB-5 Regional Center audits are continuing under the RIA. Entities should ensure they maintain full compliance documentation and be prepared for outreach from the IPO Audit Branch. Early preparation and legal guidance may help mitigate the risk of adverse findings or program termination.