On February 13, 2026, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling in EB5 Holdings Inc., et al. v. Edlow, affirming that all regional centers — including those designated prior to the enactment of the EB-5 Reform and Integrity Act (RIA) in 2022 — are required to pay the program’s annual integrity fees.
The central question of the appeal was whether the more than 600 regional centers active before 2022 were exempt from the RIA’s fee provisions. The Court held that the statutory language is clear: the fee provision applies to any entity currently “designated” to participate in the regional center program.
Specifically, the Court stated, “Pre- and post-RIA regional centers alike are subject to the fee provision because they are all currently ‘designated’ to participate in the regional center program.”
Regional centers that have been active since before 2022 must remain compliant with the annual fee requirements to monitor and report fraud, as mandated by the RIA. Failure to comply with these fee requirements within statutory deadlines can lead to penalties or the termination of a regional center’s designation.
IIUSA remains committed to keeping our members informed of all judicial and regulatory developments that impact the EB-5 industry.
