In 2026, EB-5 investors are not only watching visa availability. They are also paying close attention to compliance, regional center obligations, and litigation that may affect how the EB-5 Reform and Integrity Act is applied.
Since the Reform and Integrity Act of 2022, the EB-5 program has become more compliance-focused. Regional centers, new commercial enterprises, and job-creating entities are now subject to stronger oversight. For investors, this means due diligence should go beyond project location, expected return, and repayment strategy. It should also include regional center standing, USCIS filings, fund administration, and compliance history.
One important compliance feature is the EB-5 Integrity Fund. Regional centers are required to pay annual Integrity Fund fees, and I-526E investors are also required to pay a separate Integrity Fund fee. The purpose of the fund is to support USCIS oversight, audits, investigations, and program integrity. For investors, this is not just an administrative cost. A regional center’s failure to meet compliance obligations may create uncertainty for the project and, in serious cases, may affect investors.
Investors should ask whether the regional center is in good standing, whether required filings and annual fees have been submitted, and whether the project has properly filed Form I-956F. These questions may sound technical, but they are important because EB-5 is both an investment process and an immigration process. A compliance issue can create delays, uncertainty, or additional legal questions.
Litigation is another important issue in the current EB-5 environment. Several lawsuits have focused on investor protections, regional center termination, sustainment period interpretation, and how USCIS should apply the Reform and Integrity Act. These cases matter because they may influence how investors are protected when problems arise outside their control.
One key issue is “good faith” investor protection. This concept matters when an investor acts properly but later faces problems because a regional center, NCE, or JCE fails to comply with EB-5 requirements. The Reform and Integrity Act introduced protections intended to help certain good-faith investors preserve eligibility, but the exact application may depend on case facts, timing, USCIS interpretation, and court decisions.
Another area of discussion is the sustainment period. Investors often ask how long their EB-5 capital must remain invested and at risk. Policy updates and litigation have created ongoing discussion about how the post-RIA sustainment requirement should apply. This issue can affect exit timing, repayment planning, and redeployment strategy.
For investors, the broader message is clear: EB-5 due diligence in 2026 should include compliance review. A strong location or famous developer is not enough. Investors should also review whether the regional center and project entities are properly structured, properly filed, and properly monitored.