2022 has already brought developments from USCIS, as well as the abandonment of the DHS appeal in the Behring Regional Center Lawsuit. EB5 BRICS continues to keep abreast of EB5 visa news, investment options, and changes to the law, to provide investors with the latest information. 

Update on EB-5 Regional Center Program

US Citizenship and Immigration Services (USCIS) updated language on its website on December 30, 2021, regarding the EB-5 Regional Center Program’s continuing lapse and its impact on pending investor petitions. The agency stated that the statutory authorization that expires on June 30, 2021 is “reevaluating the decision to hold, or not act on, any pending petition or application.” Read this related article on the lapse in authorization related to the Regional Center Program. 

As of December 30, 2021, no new legislation establishing the EB-5 Immigrant Investor Regional Center Program had been adopted by Congress. As a result, any pending petition or application of these form types that is dependent on the expired statutory authority and was filed before the expiration of the statutory permission is being reconsidered by USCIS. Further information will be provided as soon as possible.

DHS appeal in the Behring Regional Center Lawsuit

The Department of Homeland Security (DHS) submitted an unopposed request to dismiss its Behring Regional Center lawsuit appeal on January 5, 2022. Alejandro N. Mayorkas, Secretary of Homeland Security; Tracy Renaud, Acting Director, US Citizenship and Immigration Services; and Edie Pearson, USCIS Policy Branch Chief of the Immigrant Investor Program Office, filed the appeal in August 2021.

The United States Northern District Court of California overturned the November 2019 EB-5 Modernization Regulations (the “Regulations”) in Behring Regional Center, LLC v. Chad Wolf (3:20-cv-09263-JSC). The court decided that former acting DHS Secretary Kevin McAleenan was not properly serving in his post when he promulgated the EB-5 Modernization Final Rule, and that the EB-5 regulations that went into effect in November 2019 must be set aside. The court also concluded that current DHS Secretary Mayorkas’ confirmation of the EB-5 regulation in March of this year did not fix the flaw caused by McAleenan’s unlawful appointment.

Related News: DHS Files Motion to Dismiss Appeal for EB-5 Investment Amount Change

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