USCIS Launches Regional Center Compliance for EB-5 Program

H-1B Premium Processing, Immigration Policy, H-1B Cap

On March 21, 2017, the USCIS launched its EB-5 Regional Center Compliance Audit Program (Audit Program). Under this program, USCIS will collect case-specific data as part of a compliance audit as a way to verify application information.

According to the National Law Review’s analysis of this announcement, there appears to be two aspects to the Audit Program – first, USCIS will review a regional center’s filings (which could include Form I-924 and Form I-924A) and documents submitted alongside filings that verify the information provided. Second, an on-site visit may be performed.

The USCIS advises that before an on-site visit, regional centers “should be prepared to present any information originally submitted with the application(s) or certification(s), any updates to that information, and any information requested in the data request that has not previously been provided.” In addition, and if necessary, the audit team will request more information to assist in the verification of information provided.

Once the site visit has concluded, the audit team will document the findings in a report which will then become part of the regional center’s recorded file. Should the report contain any indication of fraudulent activity, the USCIS will assess if a deeper investigation is warranted.

For full details about the Regional Center Compliance Program, please visit the USCIS website.