Navigating The Recent Legal Battles Over EB-5 Visa Guidelines and Fee Increases
THE OUTCOMES OF THESE CASES COULD LEAD TO CHANGES OR CLARIFICATIONS AND POTENTIAL IMPACTS ON EB-5 INVESTORS WHO HAVE ALREADY COMMITTED FUNDS.
By Ronald Fieldstone
wo noteworthy litigation cases related to the EB-5 visa program are
T pending, creating uncertainty about their potential implications for this U. S. residency pathway. First, is the case brought by Invest In the USA( IIUSA) against United States Citizenship and Immigration Services( USCIS) relating to the definition of“ sustainment period”, where IIUSA claims that USCIS’ s October 11, 2023, Policy Release was invalid since it constituted a modification to the pre-RIA Regulations that were not changed as a result of the EB-5 Reform and Integrity Act of 2022( RIA). The second case is less controversial, as it involves the appropriateness of USCIS unilaterally increasing EB-5 filing fees in their January 2024 Policy Release without appropriate justification.
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