Will our investors be able to file their I-526 petitions now?
We know that on June 24, 2022, the U.S. District Court for the Northern District of California in Behring Regional Center LLC v. Mayorkas, et al, 3:22-cv-02487, issued a preliminary injunction enjoining USCIS “from treating as deauthorized the previously designated regional centers.” Will our investors be able to file their I-526 petitions now?
Answers
Great question.
On Friday, July 15, 2022, USCIS posted the following Alert recognizing the preliminary injunction in the Behring lawsuit:
Alert: On June 24, 2022, the U.S. District Court for the Northern District of California in Behring Regional Center LLC v. Mayorkas, et al, 3:22-cv-02487, issued a preliminary injunction enjoining USCIS “from treating as deauthorized the previously designated regional centers.” Previously designated regional centers are now able to file Form I-956F, Application for Approval of an Investment in a Commercial Enterprise. USCIS is complying with the court’s order.
Therefore, if a Regional Center files their project details with USCIS filling out Form I-956F, as long as they receive notice from USCIS acknowledging that the Form is received, then investors are free to file their I-526 petitions. We sincerely hope that once the Regional Center files the required Form, USCIS will not delay in issuing the receipt notice to the specific Regional Center, paving the way for the investors to file their EB-5 applications. As such, we clients should finalize their source of funds as soon as possible and be ready to file once the Regional Center informs us they have the receipt.
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