What impact does the Behring appeal dismissal have on EB-5 investors? - EB5Investors.com

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

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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).

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.