On January 5, 2022, the U.S. Department of Homeland Security (DHS) withdrew the appeal it had filed on August 23 of last year with the Ninth Circuit Court of Appeals regarding the California federal court ruling in the case of Behring Regional Center v. DHS. This appeal was originally filed against the June 22 ruling by the U.S. District Court for the Northern District of California in the case of Behring Regional Center v. DHS, which invalidated the new EB-5 regulations implemented by the USCIS on November 21, 2019.
The withdrawal of this appeal by the USCIS will clarify the following outcomes:
1. The EB-5 Immigrant Investor Program Modernization regulations (the "price hike regulations") of November 21, 2019, remain invalid.
2. The EB-5 regulations in effect prior to November 21, 2019, remain valid, meaning the minimum investment amount for projects located in qualified TEAs is $500,000.
3. I-526 petitions filed through regional centers between the Northern District of California court ruling and June 30, 2021, will be adjudicated according to the EB-5 regulations in effect prior to November 21, 2019, including those meeting the $500,000 minimum investment amount and TEA certification rules (including TEA letters issued by state and local agencies).
4. New direct investment I-526 petitions will also be adjudicated according to the regulations in effect prior to November 21, 2019.
Currently, the minimum EB-5 investment amount remains at $500,000 and will continue to be effective until Congress or the DHS amends the existing EB-5 regulations. Furthermore, the EB-5 Regional Center Program remains in a suspended state and may continue to be suspended at least until February 18, 2022. Worldway Group will continue to closely monitor developments regarding the new EB-5 regulations and reauthorization legislation, and will share any new information with you as soon as it becomes available.
For investors planning a quick move to the United States, the EB-1A Extraordinary Ability immigrant visa program is also an option. The EB-1A program does not require an employer sponsor or a labor certification; it features a short application cycle, fast approval, and no visa backlog. Approval can be obtained in 6-8 months, allowing the entire family to obtain permanent green cards in one step. The green card is marked E-11, facilitating work and life in the United States.
As one of the Top 500 Asian Brands, Worldway Group possesses a powerful project analysis team, a professional documentation team, and a comprehensive customer service team within the industry. We provide professional, comprehensive, and diversified services to investors, sparing no effort to help them realize their American dream! Service Hotline: Mainland China: 400-138-2929, Hong Kong, China: (852) 2802 8798.
*Investment involves risks; the above information is for reference only.*
