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

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 …
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 …
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 …
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 …
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 …