EB-5 News

On September 7, 2022, IIUSA filed a Complaint against USCIS in the U.S. District Court for the District of Columbia. Plaintiffs brought this action under the Freedom of Information Act (“FOIA”) to compel United States Citizenship and Immigration Services (“USCIS”) to comply with a FOIA request filed by Plaintiff relating…

The industry had been anxiously waiting for Form I-956K to be published so that agents and promoters know what is required for them to register with USCIS. Finally, this form is published today (on September 2, 2022) in the Federal register as a draft, along with the draft form instructions.…

On Thursday, September 1, Judge Chhabria signed an Order Granting Approval of Stipulation of Settlement, which approved the Stipulation of Settlement that the parties filed on August 24, 2022 for the 2 EB-5 cases (Behring Regional Center LLC v. Alejandro Mayorkas, et al. and EB5 Capital, et al. v. United States Department of Homeland Security, et…

On Thursday, August 18, the motion hearing for the Motion to Show Cause for Civil Contempt and to Enforce Preliminary Injunction (“Contempt Motion”) was changed from a court hearing to a Zoom conference at 1:30pm PST. While this hearing was originally set in an attempt for the Judge to rule…

On August 5, 2022, Chinese foreign national plaintiffs filed a complaint against USCIS and the U.S. Secretary of State in the U.S. District Court for the District of Columbia. The case was assigned to Judge Tanya S. Chutkan. Plaintiffs allege that EB-5 immigrant visas that were allocated for 2022 should…

On July 14, 2022, the initial case management conference was held in the Behring lawsuit, where Judge Chhabria granted IIUSA’s motion to intervene and decided to keep both cases, Behring case and D.C. case, related, but separate. The motion for summary judgment or in the alternative, summary adjudication, hearing is…

On Tuesday, July 12, USCIS released two new forms to reflect the requirements of the EB-5 Reform and Integrity Act of 2022 (RIA): Form I-526, Immigrant Petition by Standalone Investor and Form I-526E, Immigrant Petition by Regional Center Investor. The filing fee is $3,675 for each form. A separate biometric…

On July 5, 2022, the court in the D.C. lawsuit ordered to transfer the case to the U.S. District Court for the Northern District of California to be consolidated with the Behring lawsuit since both lawsuits have the same subject matter.   On July 6, the D.C. lawsuit against the…