Questions and Answers > EB-5 Investments

What impact does the Behring appeal dismissal have on EB-5 investors?

I read that DHS is no longer appealing the decision on Behring lawsuit. What does it mean for EB-5 RC program? Does it mean USCIS expects EB-5 RC to get resurrected or does it mean that USCIS is planning to deny pending I-485 based on EB-5 RC?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on January 12, 2022

  It just means for now the limits on investing are reduced to $1 million and $500,000 - only direct EB-5 cases are moving forward for now (unrelated to Behring case).

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 6, 2022

  It means neither of these. What it means is people who have filed direct EB-5 at $500,000 using old TEA rules are safe. Not sure we can read more into this. Also, USCIS may have decided to republish the rule so it is done correctly. Great opportunity for direct EB-5 filers and also for Regional Center filers at $500,000 if they reauthorize next month.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 6, 2022

  This only has an effect on the investment amount. It will stay at $500k or $1M. RC program and the holds on I-485s are still matters of Congressional action and USCIS policy to be determined.