The U.S. Department of Homeland Security (DHS) is the target of an Administrative Procedure Act lawsuit filed by a group of EB-5 visa capital investors. The group states DHS has caused extensive damage to the entire investor industry with its decision to decertify over 600 regional center programs. The suit claims the approach of decertifying all centers in one move versus working with each center to make required changes over time, caused considerable harm. They claim U.S. Citizenship and Immigration Services (USCIS) misinterpreted the EB-5 Reform and Integrity Act of 2022 (RIA). The group claims USCIS concluded all existing centers must recertify incorrectly.

The EB-5 visa capital investor group believes the decision to recertify all centers jeopardizes innovation and projects with high economic benefits. Further, they state foreign investment in the U.S. is put at peril, as well as limiting the creation of American jobs. The group proposes the unilateral decision requiring recertification of all centers must be reversed as it does not comply with the Administrative Procedures Act (APA).

This is the second effort challenging USCIS’ approach following the EB-5 Reform and Integrity Act of 2022. A regional center in California filed a lawsuit in federal court in April 2022 challenging the recertification decision.

The investor group is requesting the court to set aside the decertification of the 600 regional centers and state that the EB-5 Reform and Integrity Act does not give USCIS the authority to make that decision. They go on to state that each center should actively work toward compliance with the RIA as they continue to support programs and investors.

The EB-5 program offers a limited number of green cards annually to qualifying foreign investors who fund U.S. projects or companies that create new jobs. Individual investor funds are pooled at regional centers to support large-scale projects.

If you have questions about the EB-5 program or any other immigration-related issue, contact us at ILBSG. We put our extensive experience in U.S. immigration law to work for you to ensure you get the right advice.

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