On July 6, U.S. time, the USCIS issued a policy announcement in response to the ruling of the Northern District of California Federal Court regarding the Behring Regional Center v. U.S. Department of Homeland Security. On June 22, the Northern District of California Federal Court ruled in favor of the plaintiff in the lawsuit between the regional center and the U.S. Department of Homeland Security, declaring the new EB-5 regulations promulgated by the USCIS on November 21, 2019, invalid.
The USCIS updated its policy announcement indicating that it is further considering the ruling decision and will reference the EB-5 regulations prior to November 21, 2019. In other words, the USCIS acknowledges that the new regulations promulgated on November 21, 2019, have been overturned, and the EB-5 investment amount returns to $500,000 (TEA) / $1,000,000 (non-TEA), while the authorization for TEA returns to the designated agencies of each state.
The possible next actions of the USCIS mainly include: appealing or issuing new administrative regulations; additionally, Congress may also pass a new EB-5 bill. During this period, EB-5 immigration (limited to non-regional center investments) will experience a brief window for low-cost investment immigration at $500,000 / $1,000,000.
The EB-5 regional center program has entered a suspension status after its expiration on June 30. Therefore, although the USCIS announced that the EB-5 investment amount returns to $500,000 / $1,000,000, during this period, the USCIS has suspended the acceptance of new I-526 immigration applications through the regional center program until further notice (i.e., until the program is reauthorized).
When and how will the EB-5 regional center program be reauthorized, and how will the EB-5 investment amount be adjusted under the new authorization bill? Worldway will continue to monitor the situation and share updates as soon as they become available. For more details, please call the Worldway service hotline: Mainland China: 400-138-2929 Hong Kong: (852) 2802 8798.
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