Peter Bibler

2nd Hearing Update: USCIS “May Have Committed Legal Error”

Yesterday, Behring Regional Center had its second hearing before the US District Court for the Northern District of California in its third lawsuit against USCIS. The hearing was scheduled after the Judge Chhabria requested both parties to file supplemental briefs to address further the question whether Congress intended to cancel the existing Regional Center Program ...

Congress Members Send Blunt Letter Asserting USCIS is Wrong

One day before Behring’s second hearing in its lawsuit to stop deauthorization, three members of Congress issued a bipartisan letter to USCIS. House representatives Dwight Evans and Brian Fitzpatrick of Pennsylvania and Tom O’Halleran of Arizona told USCIS that its recent actions to deauthorize all existing regional centers disregards Congress’s intent when it passed the ...

Court Schedules New Hearing in Behring’s Case Against USCIS

The court scheduled a second hearing in Behring’s preliminary injunction lawsuit against USCIS’s recent deauthorization of regional centers. The hearing is set for Thursday, June 2nd at 12:30pm. The court specifically requested that USCIS address the relevance of Senator Grassley’s statements made about the RIA. Watch his statement here. Behring holds that Grassley’s statements have no bearing on

Behring Investor Secures I-485 Approval Following Mandamus Action

Today, one of Behring’s investors successfully obtained approval of his I-485 application for adjustment of status after USCIS agreed to settle a pending writ of mandamus action against USCIS in federal court. Behring’s investor filed for adjustment to obtain the conditional green card in spring 2020. In 2021, when USCIS still had not adjudicated his ...

FAQ on Behring’s 2022 USCIS Lawsuit

Last June, Behring won a landmark lawsuit against USCIS, vacating the 2019 EB5 Modernization Rule. This Rule created increased risk and uncertainty to make the Program unworkable. After its implementation, new filings dropped by 99%. On June 22, 2021, the federal court agreed with Behring that the 2019 Rule was unlawfully implemented by acting officials

EB-5 Litigation Update Post #11: Behring Files Second EB-5 Lawsuit Against USCIS. EB-5 Regional Center Program Expiration Contrary to Law

Over the weekend, Behring Regional Center filed a second lawsuit against DHS and USCIS, and including the Department of State (DOS), because these agencies have wrongfully canceled the EB-5 regional center program and are unlawfully withholding adjudication of pending EB-5 petitions and visa applications. One of our investors informed us that the law firm Wasden ...

Congress Defers Omnibus to March 11, 2022

The Senate passed a continuing resolution, extending federal spending for three weeks, to March 11, 2022. The House passed a similar bill the week prior. This gives Congress 3 weeks to finalize the omnibus bill, a $1.4 trillion 12-bill spending package, and which is also considered must-pass legislation for funding the federal government. This short

Why Behring Does Not Offer Direct EB-5 Investments

Since the EB-5 regional center program lapsed on June 30, 2021, many EB-5 investors, attracted by Behring’s reputation as an innovative leader in the EB-5 industry, have inquired if Behring offers direct EB-5 investments. We do not for several reasons. Fundamentally, we view that direct EB-5 investments have both immigration and commercial risks that are

USCIS Asks Regional Centers To Still File Annual Certifications

Even though statutory authority for the EB-5 regional center program lapsed on July 1, 2021, USCIS recently updated its guidance to clarify that it still will accept and review annual certifications for Fiscal Year 2021.  Generally, these annual certifications are filed by regional centers on or before December 31st following the end of each fiscal

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