On July 29, 2025, U.S. District Court Judge Ana Reyes issued a pivotal order in the closely watched lawsuit filed by Invest in the USA (IIUSA) challenging USCIS’s interpretation of when the EB-5 investment sustainment period begins.
The decision confirms what Behring predicted over a year ago in our April 2024 analysis:
“USCIS will rely on the courts’ traditional deference to a federal agency’s role and responsibility to interpret and implement a federal statute.” – Behring’s April 2024 forecast
Key takeaways from the court order:
IIUSA’s Motion for Summary Judgment was dismissed as moot because USCIS is already in the process of issuing a formal rule through the Notice of Proposed Rulemaking (NPRM) process. USCIS has committed to publishing an NPRM by November 2025, which will:
-
- Clearly define the EB-5 sustainment period in regulation.
- Invite public comment from all stakeholders.
- Establish binding rules instead of interpretive guidance.
Behring is not a member of IIUSA and does not support this lawsuit. Instead, we have designed nimble, investor-focused options that already align with USCIS’s clarified sustainment period. Our RISE Fund uses a portfolio loan of smaller assets to spread robust job creation across multiple projects. This approach allows us to meet deployment and job creation requirements more quickly than traditional single-project models, giving investors the shorter timelines they prefer — without sacrificing compliance or quality.
For EB-5 investors, this reinforces Behring’s long-standing position: the agency has the authority to interpret the Reform and Integrity Act (RIA) and is now moving toward formalizing those rules.
Why this matters:
It’s another example of Behring’s accuracy in reading the EB-5 market and regulatory trajectory — and why investors should anchor their strategies in informed, forward-looking guidance.
Read our in-depth FAQ and investor analysis of the decision here: Behring Regional Center’s FAQ on the Sustainment Period Lawsuit
Schedule a Call with Behring’s Team of EB-5 Experts to Get Started Today
Schedule a call and learn about EB-5, our investment opportunities, processing time estimates, cost estimates, financing options, attorney recommendations, and more!
