Reform and Integrity Act
Regional center designation requires continuing compliance.
Designation is not the end of the process. Regional centers, NCEs, JCEs, managers, and promoters operate within a system of filings, controls, records, audits, disclosures, and potential sanctions.
After 2022
The project must remain consistent after filing.
The EB-5 Reform and Integrity Act of 2022 codified the Regional Center Program and added integrity mechanisms covering people, money, marketing, annual reporting, and execution of the project itself.
Compliance is not merely filing a form. It is keeping the project as executed, the documents offered to investors, and the information submitted to USCIS sufficiently aligned to support audits, site visits, individual petitions, and later removal-of-conditions filings.
Six pillars
The integrity architecture of the Regional Center Program.
DESIGNATION
Form I-956 and involved persons
Structure, ownership, management, geography, and persons with authority must satisfy eligibility, good-faith, and continuing requirements.
PROJECT
Form I-956F before investors file
The regional center must file the project application before investors file Form I-526E. Material changes, capacity, TEA, NCE/JCE, jobs, and document versions require careful control.
ANNUAL
Form I-956G and Integrity Fund
The annual statement reports activity, investments, employment, and compliance. The annual Integrity Fund payment is also a core obligation.
MONEY
Separate accounts and fund-flow controls
RIA establishes separate-account and fund-administration rules, with a statutory annual financial-audit alternative where applicable. The chosen design must match contracts and practice.
PROMOTION
Form I-956K, agreements, and compensation
Direct and third-party promoters, including migration agents and subagents, may need to register before promoting an offering. Written agreements, fees, and other compensation require consistent disclosure.
OVERSIGHT
Audits, site visits, and records
USCIS must audit each regional center at least once every five years. Projects are also subject to site visits and duties to cooperate, preserve records, and produce them.
Compliance cycle
From the offering through continuing oversight.
Connected controls
Documents, money, and execution should tell the same story.
| Area | Compliance question | Typical evidence |
|---|---|---|
| Project identity | Do the NCE, JCE, location, scope, and capacity remain as filed? | I-956F, business plan, PPM, contracts, notices, and change log. |
| Capital flow | Does capital enter, leave, and reconcile as expected? | Separate accounts, administrator reports, statements, and draw packages. |
| Job creation | Do expenditures, duration, and operations support the economic analysis? | Invoices, payroll, construction reports, cost certifications, and EIA. |
| Marketing | Do promises, fees, and promoters match disclosures? | I-956K, written agreements, compensation schedules, and materials. |
| Governance | Do eligible persons exercise authority within disclosed limits? | I-956H, ownership, resolutions, policies, and conflict records. |
| Annual compliance | Were reports and fees completed on time with verifiable data? | I-956G package, Integrity Fund receipt, and compliance calendar. |
For investors
Questions before subscribing.
- Has Form I-956F been filed, and what document version accompanied it?
- Is the regional center active and current on Form I-956G and the Integrity Fund?
- Who administers or audits the movement of capital?
- Who promotes the offering, and how are they paid?
- Which parties are related, and how are conflicts managed?
- How will investors learn about changes, audits, or site visits?
For regional centers
A genuine oversight function.
- Maintain a clear calendar and owner for every obligation.
- Control final versions and every material document change.
- Reconcile the business plan, EIA, PPM, agreements, and filings.
- Control promoters, subagents, materials, and compensation.
- Preserve records with audits and site visits in mind.
- Escalate events that may affect investors or USCIS quickly.
Noncompliance can lead to requests, delays, sanctions, suspension, or termination depending on the facts and applicable authority. RIA also created certain protections for good-faith investors, but those protections do not make project compliance optional.
Compliance should be demonstrable before it is tested.
HarrisLaw advises regional centers and projects about structuring and maintaining EB-5 immigration obligations.