Behring Wins Preliminary Injunction Against USCIS
Today, the court issued its decision today in Behring Regional Center’s current lawsuit seeking a preliminary injunction to stop USCIS from deauthorizing EB-5 Regional Centers.
The court held that “Behring has made an exceedingly strong showing that the agency violated the APA. USCIS was almost certainly wrong in assuming that the Integrity Act affirmatively deauthorized existing regional centers, so the agency was almost certainly wrong to announce that the centers are no longer authorized.”
The court’s granted Behring Regional Center’s request and ordered USCIS to stop treating as deauthorized the previously designated regional centers and that Behring Regional Center must be permitted to operate. USCIS must also process new I‐526 petitions from immigrants investing through previously authorized regional centers like Behring Regional Center.