EB-5 Lawsuit Against USCIS Claims Excessive Delays

A lawsuit has been filed against U.S. Citizenship and Immigration Service (USCIS) over EB-5 delays in reviewing a submission. The EB-5 program is going through some challenges this year. In March, USCIS announced that regional centers could no longer process applications. All centers would be required to complete reauthorization. However, in June, a federal judge confirmed centers should continue to operate while legal actions regarding the change are processed.

This most current case is from an economic development business located in Arkansas. The business requested an expedited review of its request just days after submitting it. USCIS notified then that the expedite request was approved, one month after submitting the request. However, nearly two years after the submission, the decision on the application has still not been finalized. Not only does this delay impact the business itself, but also the dozens of immigrant investors in the business.

The entity sued USCIS over their EB-5 delays in response to a request to consider a project “exemplar”. The business serves as a regional center to create jobs with shared investment capital under the EB-5 Immigrant Investment Program.

The business asked for a concrete answer to their question via a writ of mandamus. They claim to have paid over $15,000 to file an application with the Immigrant Investor Program Office to get exemplar status approval. They provided evidence that the project should be granted this status due to its potential to contribute to national security via the enhanced domestic production of steel.

ILBSG continues to actively monitor the ongoing legal actions of the EB-5 program. While the program itself is going through a detailed review, new concerns and pitfalls appear. Working with an experienced attorney, like ILBSG, provides an extra level of assurance that investment risk is reduced to the extent possible. If you have questions about the EB-5 program or any other immigration-related issue, contact us at ILBSG.

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