EB5 Capital Litigates USCIS’ Recent EB-5 Filing Fee Increase

EB5 Capital Litigates USCIS’ Recent EB-5 Filing Fee Increase

EB5 Capital, along with Invest in the USA (IIUSA), the national EB-5 trade association serving the majority of active Regional Centers, and ten other Regional Centers, filed a lawsuit against the United States Citizenship and Immigration Services (USCIS). The lawsuit, Civitas Capital Group et al. vs. USCIS et al., was filed in the District Court for the Northern District of Texas and challenges the “Final Rule” issued by the Department of Homeland Security (DHS) that concerns government filing fees for EB-5 related petitions.

The Final Rule issued by DHS on January 31, 2024, which went into effect on April 1, 2024, revised USCIS’ filing fees for all petitions and applications adjudicated by the agency. Civitas Capital Group et al. vs. USCIS et al. argues that the fee increases for EB-5-related petitions in this Final Rule are far greater both in dollar amounts and in percentage increase compared to any of the other increases in filing fees announced in this rule. “It is essential that USCIS abide by the rule of law in promulgating regulations. Its ongoing failure to do so diminishes the impact and integrity of the EB-5 Program,” commented Lulu Gordon, General Counsel for EB5 Capital. The lawsuit argues that the new fee structure violates several federal laws, including the EB-5 Reform and Integrity Act of 2022 (RIA), the Regulatory Flexibility Act (RFA), the Immigration and Nationality Act (INA), and the Administrative Procedure Act (APA), as well as internal guidelines established by the Office of Management and Budget (OMB).

“These increased fees are unreasonable and will burden our current and future investors,” said Ishaan Khanna, EB5 Capital’s Director of Business Development. Ishaan Khanna’s non-profit organization, The American Immigrant Investor Alliance (AIIA), which advocates for EB-5 investors’ rights, previously filed a similar lawsuit against USCIS in March.


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