In recent months, the U.S. Citizenship and Immigration Services (USCIS) has intensified its scrutiny of the EB-1 visa category, particularly the EB-1A “extraordinary ability” subcategory. Immigration attorneys report a surge in reviews and revocations of previously approved EB-1A petitions, especially among Indian applicants. Allegations have surfaced that some applicants have attempted to game the system by publishing in low-quality journals, exchanging fake citations, and claiming questionable awards. Social media posts even suggest organized networks working to artificially boost profiles for a fee.
USCIS is now reopening past approvals, including I-140 petitions and green cards, with the intent to revoke them if fraud or misrepresentation is suspected. These actions cast a shadow across the regulatory policies of immigration as legitimate applicants now face longer wait times and heightened scrutiny. This increased enforcement has raised concerns about the future reliability and accessibility of the EB-1A program.
The Ripple Effect
The heightened enforcement in the EB-1 category underscores a broader trend: USCIS is prioritizing strict vetting, program integrity, and rigorous compliance across all employment-based immigration categories. For individuals and their families seeking a reliable path to U.S. residency, this climate of scrutiny has made transparency, documentation, and proactive planning more critical than ever.
EB-5: A Structured, Transparent Pathway
The EB-5 Immigrant Investor Program stands out as a compelling alternative. Unlike EB-1A, which relies on subjective assessments of “extraordinary ability,” EB-5 is grounded in measurable economic impact—namely, job creation and capital investment. The program has undergone major reforms in recent years, most notably the EB-5 Reform and Integrity Act of 2022 (RIA), which introduced sweeping changes to enhance transparency, investor protection, and regulatory oversight. Among these changes, one of the most impactful is the introduction of third-party fund administrators—a new standard designed to ensure that every dollar invested is monitored, verified, and protected.
Third-Party Fund Administrators: The New Standard
One of the most significant reforms of the RIA is the mandatory use of third-party fund administrators for new commercial enterprises (NCEs) and regional centers. These independent administrators are responsible for:
- Monitoring and verifying the movement of investor funds
- Co-signing disbursements to ensure capital is used according to approved business plans
- Providing regular financial reporting to investors
- Ensuring all transactions comply with USCIS and SEC regulations
- Acting as a critical safeguard against both accidental errors and intentional misconduct
This layer of oversight not only enhances compliance but also gives investors real-time visibility into their funds, reducing the risk of mismanagement or fraud. Behring Regional Center (Behring) has always demonstrated top compliance practices and now the EB-5 industry is forced to align with higher standards of accountability.
What Makes a Good EB-5 Regional Center?
Choosing the right regional center is paramount. According to Behring and industry best practices, a high-quality regional center should offer:
- Proven Track Record: A history of successful projects, timely USCIS approvals, and satisfied investors.
- Expert Management: A leadership team with deep expertise in real estate, finance, and immigration law.
- Rigorous Project Selection: Conservative job creation projections, ongoing management, and a focus on financially sound projects.
- Full Regulatory Compliance: Timely payment of Integrity Fees, up-to-date filings, and strict adherence to all USCIS and SEC requirements.
- Transparency and Communication: Regular project updates, clear documentation, and open lines of communication with investors.
- No Risky Practices: Avoidance of practices like renting out regional center designation or pooling direct investments, which have been flagged as non-compliant under the RIA.
- Robust Recordkeeping: Comprehensive tracking of investor status, fund flows, job creation, and all required filings.
Behring highlights its proactive approach: timely payment of all required fees, meticulous recordkeeping, and a refusal to sponsor projects outside its control. This ensures that investors are shielded from the risks associated with non-compliant or poorly managed centers.
Why EB-5 Regional Centers Are a Viable Alternative
The EB-5 program—especially when structured through a reputable regional center and third-party fund administrator—offers a predictable, transparent, and secure pathway to U.S. residency. Key advantages include:
- Enhanced Oversight: Independent fund administrators ensure that every dollar is accounted for and used as promised.
- Regulatory Safeguards: Compliance with both USCIS and SEC regulations protects investors from legal and financial pitfalls.
- Job Creation Buffer: Regional centers like Behring build in job creation buffers and use conservative projections to ensure compliance, even if projects face unforeseen challenges.
- Diverse Opportunities: Investors can choose from a range of projects, reducing risk through diversification.
- Simplified Process: Regional centers handle the complexities of fund management, regulatory filings, and investor support, making the process far less burdensome for individual investors.
Conclusion: In an Era of Scrutiny, Compliance Is King
As USCIS cracks down on fraud and non-compliance in employment-based immigration—most visibly in the EB-1 category—individuals are wise to seek out programs and partners that prioritize transparency, oversight, and regulatory adherence. The EB-5 program, reformed and strengthened by the RIA, offers a structured and secure path to U.S. residency, especially when investors work with reputable regional centers and third-party fund administrators.
For those seeking peace of mind and a clear route to a U.S. green card, the message is clear: invest where compliance is not just a requirement, but a core value.
Take the Next Step: Schedule a Call with Behring’s EB-5 Experts
If you’re ready to explore a secure, transparent path to U.S. residency through the EB-5 program, now is the time to act. Behring’s team of experienced professionals is available to answer your questions, evaluate your options, and guide you through every step of the EB-5 investment process.
Schedule a call today with Behring and their team of experts to discuss your goals, review available projects, and discover how a well-structured EB-5 investment can help you achieve your American dream.