Migrant Investor Program Challenges New EB-5 Guidance

By Grace Dixon (April 25, 2022, 5:33 PM EDT) — An EB-5 regional center filed suit against U.S. Citizenship and Immigration Services, challenging agency guidance directing previously licensed immigrant investment programs to reapply for authorization after March legislation restarted the lapsed program.

Behring Regional Center LLC’s challenge launched Friday before a California federal court rests on USCIS’ clarification that EB-5 regional centers were unilaterally deauthorized by a law tucked into a fiscal year 2022 omnibus spending bill, intended to greenlight the entities which facilitate investments for foreign migrants seeking a green card under the EB-5 program.

The move threw existing regional centers into an untenable financial limbo as they wait for reauthorization,…

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