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Behring Lawsuit Update – Supplemental Briefs Filed

On Monday, June 6, Plaintiff, Defendant, and IIUSA timely filed supplemental briefs with their views of the appropriate remedies. According to Plaintiff’s Supplemental Brief, the following preliminary relief should be granted:

 

– The USCIS’s deauthorization of regional centers as of April 20, 2022, including the announcement on the USCIS website, USCIS guidance, and new forms (I-956, I-956F, I-956G, I-956H, I-526E) issued by USCIS, be vacated pending any further order of the Court.

 

– Defendants, including and through USCIS, be enjoined from refusing to recognize the designation and licensure of any regional center that had been approved prior to March 15, 2022 pending further order of this Court.

 

– Defendants, including and through USCIS, be compelled to accept new I-526 petitions sponsored by a previously authorized regional center, including any approved I-924 exemplar petition filed before March 15, 2022, pending further order of this Court.

 

In Defendants’ Supplemental Brief, Defendants argue that the public interest factors favor denying Plaintiff’s motion and that the preliminary injunction should be limited only to a Plaintiff.

 

In IIUSA’s Supplemental Brief, IIUSA states that relief should not be limited to the parties before the court, and USCIS’ action (deauthorization of regional centers) should be set aside (suspended or stayed) by the court to benefit EB-5 marketplace as a whole, not limited solely to Behring. If the Court elects to grant a narrower interim remedy, IIUSA will ask the Court to at least provide relief for its members.