Author：David Enterline（Senior Legal Consultant to HW Wealth Succession Family Office / American Immigration Lawyer）

On January 5, 2022, the Department of Homeland Security (“DHS”), on behalf of the United States Citizenship and Immigration Services (“USCIS”), filed a motion to dismiss its appeal of a U.S. District Court’s ruling in the case Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (“Behring v. Alejandro”).

In the case of Behring v. Alejandro, on June 22, 2021, the U.S. District Court of the Northern District of California issued an order vacating the 2019 EB-5 Immigrant Investor Program Modernization Final Rule (“Rule”), holding that it and the regulations enacted by the Rule were invalid.  The most important impact for prospective EB-5 investors was that the minimum investment made in a Targeted Employment Area (“TEA”) returned to US$500,000 and investments made in non-TEAs reverted to US$1 million...