Masami Hibino

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

Marko Issever
July 24, 2022 05:26 PM  Marko Issever

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.

Back

Securities Disclaimer

This website is for informational purposes only and does not constitute an offer or solicitation to sell shares or securities. Any such offer or solicitation will be made only by means of an investment's confidential Offering Memorandum and in accordance with the terms of all applicable securities and other laws. This website does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. EB5Projects.com LLC and its affiliates expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in the website, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.