Results of Audit
“Several conditions prevent USCIS from administering and managing the EB-5 regional center program effectively. Specifically:
• The laws and regulations governing the program do not give USCIS the authority
to deny or terminate a regional center’s participation in the EB-5 program based
on fraud or national security concerns;
• The program extends beyond current USCIS mission to secure America’s promise
as a nation of immigrants; and
• USCIS is unable to demonstrate the benefits of foreign investment into the U.S.
Additionally, USCIS has difficulty ensuring the integrity of the EB-5 regional center
program. Specifically, USCIS does not always ensure that regional centers meet all
program eligibility requirements, and USCIS officials interpret and apply the Code of
Federal Regulations (CFR) and policies differently. USCIS did not always document
decisions and responses to external parties who inquired about program activities
causing the EB-5 regional center program to appear vulnerable to perceptions of
internal and external influences.
As a result, USCIS is limited in its ability to prevent fraud or national security threats that could harm the U.S., and it cannot demonstrate that the EB-5 program is improving the U.S. economy and creating jobs for U.S. citizens as intended by Congress. “