EB-5 Guidelines by USCIS post Behring Regional Center LLC v. Wolf decision:

USCIS is applying the EB-5 Investor Program regulations that were in effect before the rule was changed on Nov. 21, 2019, including: 

·         The minimum investment amount of $500,000 in a Targeted Employment Area (TEA) and $1 million in a metropolitan area;

·         State designations of high unemployment TEAs; and

·         Prior USCIS procedures for the removal of conditions on permanent residence.

This is in light of the decision on June 22, 2021 by the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, where the Court vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, it is applying the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019.

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