Reinvesting After a Failed EB-5 Project or Terminated Regional Center: How Investors Can Continue Their Immigration Journey Under Their Original EB-5 Petition

For many EB-5 investors, the path to U.S. permanent residency can be long and uncertain.

While the EB-5 Immigrant Investor Program offers a direct route to a Green Card through a job-creating investment, unforeseen challenges sometimes arise. Projects can fail to generate the necessary economic impact, regional centers can be terminated, or funds can be returned prematurely.

If you—or someone you know—has experienced these issues, there is good news: Options exist to protect your immigration status and continue your EB-5 investment period in compliance with USCIS requirements.

In this article, we discuss the steps you can take to secure your Green Card after an initial failed investment, and we cover the Mosaic EB-5 Project, an EB5AN offering that can help you do just that.

When an EB-5 Project Fails

Under the EB-5 Reform and Integrity Act of 2022 (RIA), investors must meet two main requirements to achieve a removal of their Green Card conditions: First, the investor’s funds must be used to create 10 qualifying jobs. Second, each EB-5 investor must keep their capital “at risk” in a job-creating enterprise for a minimum of two years—a time frame commonly called the sustainment period.

If a project fails to create 10 jobs for each investor, funds are returned too early, or the regional center is terminated, the investor’s immigration process can be jeopardized.

In recent months, certain EB-5 investors have begun receiving letters from USCIS about potential denials of their I-829 petitions.

While such notices are certainly disappointing, they are not the end of an investor’s immigration journey. Instead, cases such as these illustrate the importance of understanding your options and acting quickly to reinvest in a compliant project to preserve your immigration eligibility.

USCIS Begins Issuing Regional Center Termination Notices

In the second half of 2025, USCIS began issuing notices of regional center termination to EB-5 investors whose investments were made through regional centers that failed to comply with the RIA—including for nonpayment of annual EB-5 integrity fees. These fees, introduced by the RIA to improve program oversight and accountability, are mandatory for all active regional centers.

Each notice provides three possible response options for both pre-RIA and post-RIA investors:

1. Confirm their continued eligibility by demonstrating that their investment still meets EB-5 requirements despite the regional center’s termination.
2. Amend their EB-5 petition to show that the original new commercial enterprise (NCE) is now affiliated with a new, compliant regional center.
3. Amend their petition to show a new qualifying investment in an alternate NCE—a path that allows investors to reinvest in a new EB-5 project while continuing their original immigration process.

Investors receiving these notices must respond within 183 days (or 194 days if residing outside the U.S.) or risk losing their EB-5 eligibility altogether.

If you are in this situation, it is essential to act quickly and in coordination with your immigration attorney.

Download a full Notice of Regional Center Termination letter from USCIS

EB5AN’s Solution: The Mosaic EB-5 Project

Recognizing the urgent need for a compliant reinvestment pathway for EB-5 investor to continue their original investment, EB5AN has structured an offering designed specifically for investors affected by a failed EB-5 investment or regional center termination.

The Mosaic EB-5 Project allows qualified investors to continue their investment at risk under their original EB-5 petition—helping them maintain compliance with the requirements of the EB-5 program and creating additional jobs to meet the 10-job threshold.

Key Highlights of the Mosaic EB-5 Offering

• Advanced development: Mosaic is a 238-home single-family community, with over 100 homes already sold and significant construction progress underway.
• 500+ qualifying EB-5 jobs already created: This level of job creation ensures that each EB-5 investor will fully satisfy the 10-job minimum.
• Strong security and guaranties: The EB-5 loan is secured by a repayment guaranty from a Kolter Group parent company, a leading U.S. real estate developer.
• Experienced developer: Kolter is one of the top 20 largest private home builders in the country, with over 180 projects with an expected value of over $30 billion, including 27,000+ units, including thousands of single-family homes.
• Transparency: EB5AN provides financial statements for both the project company and the guarantor to any qualified investor upon request.

Why Mosaic Is Ideal for Reinvestment and Job Creation Continuity

For investors needing to re-establish their capital as at risk and/or needing to create additional jobs, the Mosaic EB-5 Project offers a solution. Because Mosaic’s construction is already well underway and all required jobs have been created, investors can be confident that their job creation requirement will be satisfied upon investment.

In practical terms, this means that an investor whose previous project failed or whose sponsoring regional center was terminated can reinvest their recovered funds into the Mosaic project to continue their two-year sustainment period and ensure sufficient job creation for I-829 approval.

This unique structure allows investors to avoid starting the immigration process all over. Instead, investors can stay on track by amending their original petition while ensuring their funds remain compliant and productive.

How EB5AN Structured This Offering

EB5AN designed this reinvestment structure after observing a growing number of EB-5 investors encountering regional center termination or project failures. Because of EB5AN’s operational scale, we could create a flexible, compliant offering to help investors remain eligible for their Green Card.

The Mosaic project structure complies with USCIS requirements under the RIA, ensuring that each investor’s capital is properly deployed in a job-creating enterprise and remains at risk for the full sustainment period. This is valuable for investors who might otherwise face I-829 denials in the future.

Take the Next Step

If your original EB-5 project has failed, or if the regional center that was sponsoring the project has been terminated, you still have options. The EB5AN Mosaic EB-5 Project provides a compliant and reliable pathway to continue your investment, create the necessary jobs, and complete your immigration process successfully.

Before taking any action, consult with your immigration attorney to review your current status and confirm your eligibility for reinvestment. Once confirmed, our team at EB5AN will work with you and your legal counsel to facilitate a smooth transition into the Mosaic project.

USCIS has already outlined the map of your options. EB5AN’s Mosaic project is one of the few structured solutions that fully aligns with that guidance—helping investors maintain compliance and achieve their American dream.

Contact EB5AN Today

EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

To learn more about the Mosaic EB-5 Project’s exceptional benefits for EB-5 investors, schedule a free consultation with EB5AN.