January 13, 2022

DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas

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.

On August 23, 2021, DHS appealed the U.S. District Court’s decision in favor of Behring Regional Center. The DHS motion to dismiss ends the appeal and clears up a lingering concern whether USCIS will adjudicate I-525 Petitions filed since the Court ruling and according to the pre-November 2019 regulations.

While other concerns about the EB-5 program remain, this is good news for those who are considering moving ahead with making an investment to immigrate to the United State via the EB-5 immigrant investor visa.

If you would like to learn more about EB-5 as an option for you and your family, contact us at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa

Tags: DS-260 Immigrant Visa Application, EB-5 Immigrant Investor Visa, U.S. Department of Homeland Security (DHS)

What Does A 214(b) Refusal Mean in U.S. Immigration Law?

What is the DS‑260, Its Role in Consular Processing, and Why Accuracy Matters?

CR1 Visa Guide: Eligibility, Process, and Costs Explained

Reauthorization and Stability From The RIA

our services

contact us today for more information

Latest News

What Is An Alien Registration Number And What Is It For?

The U.S. Alien Registration Number, commonly abbreviated as an A-Number, is a unique identifier assigned to non-citizens by the United States Citizenship and Immigration Services (“USCIS”). This A-Number begins with the letter “A” followed by 8 or 9 numbers (such as A012345678). It is used to track individuals throughout their interactions with U.S. immigration authorities. Who Has a U.S. Alien Registration Number? Anyone who is not a U.S. citizen but resides in the United States may be assigned an Alien Registration Number. This includes Even individuals who are in the U.S. without legal authorization may have an A-Number if they have had interactions with immigration authorities or if they are in proceedings to determine their immigration status. What is the U.S. Alien Registration Number it used for? How to Find Your U.S. Alien Registration Number If you are unsure whether you have a U.S. Alien Registration Number or need to

What Does A 214(b) Refusal Mean in U.S. Immigration Law?

A 214(b) refusal in U.S. immigration law refers to a specific section of the Immigration and Nationality Act (“INA”) that is often cited when a U.S. consular officer denies a nonimmigrant visa application. This section is often seen with individuals applying for B-1/ B-2 Visitor Visas but it is applicable to all nonimmigrant visa categories such as F-1, E-1/E-2, and L-1, etc. What Is a 214(b) Refusal? When a consular officer issues a 214(b) refusal, it means the officer, independently and subjectively is of the opinion the nonimmigrant visa applicant did not sufficiently demonstrate qualification for the visa category applied for. This is at the discretion of the interview consular officer. Often the applicant did not demonstrate sufficient ties to their home country. In essence, the consular officer is concerned that the applicant may overstay their visa or may use the visa for purposes other than what the applicant has

What is the DS‑260, Its Role in Consular Processing, and Why Accuracy Matters?

If you are applying for a U.S. immigrant visa, completing the online Form DS-260 is a major step in the immigration process once the United States Citizenship and Immigration Services approves your petition. The DS-260 asks for detailed personal, family, and background information, which helps the United States Department of State (“DOS”) confirm your identity and eligibility. If the DS-260 is not properly completed, it can lead to the visa process being delayed. At Enterline and Partners, we help clients avoid such roadblocks by making sure their DS-260 is accurate and complete from the start. In this guide, we’ll cover what the DS-260 is, when to file it, and the key things to keep in mind during the overall process. When and How to Open Your DS-260 You will be able to begin your DS-260 once the National Visa Center (“NVC”) which is under DOS, confirms that your fees are

DHS Drops Appeal of the U.S. District Court’s Ruling in Behring Regional Center LLC v. Mayorkas

CATEGORY

contact us today for more information

Latest News