Judge Approves Behring’s Settlement With USCIS
Yesterday, the judge approved the settlement with USCIS secured by Behring Regional Center and other EB-5 industry plaintiffs, officially closing the case. The judge’s approval places the EB-5 regional center program on solid ground and enables EB-5 investors to file their I-526E petitions with greater confidence.
Watch Behring’s on-demand webinar to learn more about what this settlement means and how it impacts you as an EB-5 investor.
The court’s approval of the settlement accomplishes two things: (1) It makes permanent Behring’s successful preliminary injunction stopping USCIS from canceling pre-approved EB-5 regional centers. (9 Things to Know About the Preliminary Injunction) No appeal will be filed. (2) The court retains jurisdiction to enforce the settlement agreement. This means if USCIS were to fail to meet its obligations under the settlement terms, Behring can immediately seek the court’s help for enforcement.
Key Terms of USCIS Settlement Agreement:
- EB-5 regional centers (RCs) retain their pre-RIA authorization.
- RCs must file Form I-956 as an amendment before December 31, 2022.
- RCs must file Form I-956F for all projects, but investors may still file I-526E petition if receipt doesn’t arrive within 10 days.
- USCIS confirms pre-RIA I-924 exemplar approvals are binding on future adjudication of the I-526E petition.
- Investors who filed the I-526 / I-526E petition after Behring’s preliminary injunction (without the I-956F receipt) may inter-file the receipt while keeping their priority date.
- All new forms are “interim final” which still provides the public with a notice and comment period to provide feedback on improving the forms. This process has already started for the I-526 / I-526E (comments due 10/24/22).
USCIS will update its website within 21 days of the settlement confirming the terms of the settlement agreement. For the next 2 years, Behring will have quarterly talks directly with USCIS to manage the implementation of the settlement agreement.
Learn what others are saying about the settlement:
Behring is proud to lead the litigation efforts to hold USCIS accountable for properly implementing EB-5 policy and regulations. This landmark settlement marks the culmination in Behring’s legal and political advocacy in securing a long-term EB-5 Program that provides investors a transparent and reliable EB-5 process to invest in quality EB-5 projects that create American jobs.