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Court Warns USCIS About EB-5 Policy

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San Francisco, June 3, 2022: News from the Behring Regional Center lawsuit from the federal court in San Francisco appears to indicate that USCIS will lose its efforts to require EB-5 regional centers existing prior to March 15, 2022 to apply to USCIS for re-certification or lose their operating licenses.
Behring Regional Center is challenging a key USCIS interpretation of the EB-5 Reform and Integrity Act of 2022 that was enacted on March 15, 2022. Shortly after enactment, USCIS issued a policy statement requiring requiring all pre-enactment EB-5 regional centers to apply to USCIS for re-certification or face lose their license to operate. Essentially, with the stroke of a pen, USCIS de-certified every regional center.

Theissue raised by Behring Regional Center — correctly, in the opinion of Donoso & Partners — is that the EB-5 Reform and Integrity Act does not state such a rule in any of its 100+ pages of new provisions. And, frankly, it provides precisely the opposite of that in several key areas — albeit without any specific mention of the status of previously approved regional centers.

If the court rules against USCIS — as it appears poised to do — the impact for regional centers and investors is that existing regional centers can now apply for a Business Plan Approval (on the new Form I-956G released yesterday) and immediately thereafter begin accepting new EB-5 investors.

This would be significant news to an industry that has been unfairly held up by this new USCIS policy.


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Residency Invest Experts

Peter Mustafa is a property expert with over 45 years in the property industry helping investors in many parts of the world obtain investment visas such as EB 5 visas and Golden Visas. The process is complex at the best of times but with Residency Invest at the helm you can expect this to be far less stressful and complicated than with other experts.

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