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 …
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 ...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 …
USCIS announced on December 30, 2021 that it will continue its policy of extending grace periods to respond to agency requests, including responses to requests for evidence (RFEs) and other requests. …
On December 3rd, Congress passed a continuing resolution to maintain current budget levels through February 18, 2022. For the past several years, the EB-5 regional center program has been renewed through such CRs. However, to avoid a government shutdown, no new spending or policy measures were added with the sole exception of providing resettlement funding …
Behring appreciates EB-5 investors’ growing anxiety and frustration over the current lapse of the EB-5 Regional Center Program. Never content to be passive and rely on others, Behring took the initiative in contacting members of Congress and their staff directly to provide our own perspective as a California EB-5 regional center and real estate developer …
