EB – Page 2 – Manhattan Regional Center

12 Jul 22

USCIS Releases New Forms: Form I-526 and Form I-526E

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…

08 Jul 22

Behring and D.C. Lawsuits Update: D.C. Lawsuit Transferred to the Northern California District Court

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…

Behring Lawsuit Update: I-526 Petitions Can Be Filed Immediately After I-956F Project Application Filing

On the evening of Friday, June 24, Judge Vince Chhabria issued an Order Granting Plaintiff’s Motion for a Preliminary Injunction (“Order”), which stated that USCIS is “enjoined from treating the existing regional centers as deauthorized while this litigation is pending (or until the agency engages in a reasoned decision-making process…

D.C. Lawsuit Update: Further Actions

On Wednesday, June 24, the court granted the U.S. Chamber of Commerce’s motion for leave to file amicus curiae brief in support of Plaintiffs’ motion for a preliminary Injunction or summary judgment. Since the preliminary injunction has been granted in the Behring case, the judge in this case requested…

Behring Lawsuit Update – Preliminary Injunction Granted for EB-5 Industry

On June 24, the preliminary injunction ruling on the Behring lawsuit came out – THE INDUSTRY WON! Judge Vince Chhabria ordered that previously authorized Regional Centers “…must presently be permitted to operate within the regime created by the [Reform and Integrity] Act [of 2022].” As such, all previously authorized…

D.C. Lawsuit Update – Motion for Preliminary Injunction Filed

Last Friday, June 17, the parties were ordered by the court to meet and confer and to submit a Joint Status Report by June 22 to propose a schedule for briefing Plaintiffs’ Motion for Preliminary Injunction or Summary Judgment (filed on June 16). On Wednesday, June 22, Defendants in…

Behring Lawsuit Update – USCIS’ Opposition to IIUSA’s Motion to Intervene

On Tuesday, June 21 evening, USCIS filed an Opposition to IIUSA’s Motion to Intervene (“Opposition”). The Defendants argue that IIUSA failed to establish intervention is appropriate either as of right under Federal Rule of Civil Procedure 24(a) or permissively under Rule 24(b), because IIUSA has failed to demonstrate that: …

Behring Lawsuit Update – IIUSA Motion to Intervene

On Monday, June 6, IIUSA also filed a Motion to Intervene to convert its status from that of amicus to that of plaintiff-intervenor. According to the motion, it has become clear that intervention is necessary to protect the interests of IIUSA’s members, which constitute over one hundred leading regional centers.…

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…

USCIS Releases New Forms: Form I-956F and Form I-956G

On June 2, 2022, USCIS published 2 new forms related to the EB-5 Regional Center Program: Form I-956F, Application for Approval of an Investment in a Commercial Enterprise USCIS notes that Form I-956F should be used by the regional center designated after May 14, 2022, to request approval of…

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