Vince Chhabria, the US District Judge, ordered a preliminary injunction across the nation in the Behring Regional Center vs. Mayorkas case, resulting in the EB-5 regional center program’s reopening for projects, regional centers, and investors. The IIUSA had made a legal case to offer relief to every regional center, and the Judge accepted it, which meant that the EB-5 regional center program had reopened.
Here’s what you should know about the change as explained by the NPZ Law Group.
Details on the Judge’s Decision
The USCIS held that all regional centers approved previously lost regional center designations after passing the EB-5 law, and the Judge’s decision overturned this.
His order ensured that every regional center designated previously would stay designated and permitted to operate until the litigation is decided or until the USCIS carries a process that is under the Administrative Procedure Act pertaining to the regional centers’ status as per the new law.
What Effects This Decision Can Have
All regional centers that were designated previously can file I-956F project approval applications right away. Any investors in such projects can file I-526 petitions. Investors can do so as soon as the filing of the I-956F project approval application is complete—approval is unnecessary.
Regional centers will not need to file an I-956 form to sponsor a project or attract investors as the Judge’s decision allows them to remain permitted to operate. They also will not need to wait for approval if these regional centers already filed an I-956 form before this decision by the Judge.
What Regional Centers Can Do
It’s best if regional centers have a discussion with their respective immigration lawyers to establish the following:
- Whether they should move forward with filing an I-956F form for a specific project
- If they want to have investors on board and whether each of these investors should file an I-526 petition
All of these steps will need to be in accordance with the 2022 EB-5 Reform and Integrity Act. This includes the securities and marketing compliance provisions. They must also provide documents that may explain potential issues and risks that may result from the proceedings as per the nationwide injunction.
What Is the Likely Future of This Decision
The USCIS still has to accept the decision by the Judge. The USCIS may appeal this decision or create a “reasoned process” per the Judge’s suggestion. The USCIS may try to defend the litigation. However, that may not happen considering what was discussed by the Judge.
If you have any questions about how these laws in the United States may impact you or your family or want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at email@example.com, or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com.