Supreme Court Overturns Chevron: Impact on EB-5 and Immigration Law

On June 28, 2024, the Supreme Court overturned the Chevron v. Natural Resources Defense Council ruling, which had allowed courts to defer to agency interpretations of ambiguous statutes for over forty years. This 6-3 decision now places the responsibility of interpreting these statutes back on the courts.

For immigration, particularly EB-5, this change is significant. Without Chevron deference, DHS interpretations of immigration policies, including those under the EB-5 Reform and Integrity Act of 2022, will face stricter judicial scrutiny. This opens the door for more challenges to USCIS decisions, such as those involving the legality of currency exchange services used by petitioners.

The legal landscape will become more variable as courts independently interpret statutes, potentially leading to increased litigation. Immigration lawyers must be prepared to challenge agency decisions more vigorously in this new judicial environment.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.