【ARCFE News】 LAWSUIT AGAINST USCIS: USCIS OPPOSES TO IIUSA’S REQUEST TO INTERVENE
06/23/2022 by ARCFE U.S.
USCIS claims that their interpretation of the EB-5 Reform and Integrity Act of 2022 ("RIA") was based on Senator Grassley’s (co-author of the RIA) word choice. The immigration agency sees the EB-5 Regional Center program after March 15, 2022 (date Congress passed the RIA) as a brand new program that requires all Regional Centers to get recertified. Thus, the agency is withholding adjudication of all new Regional Center I-526 petitions. The EB-5 industry, on the other hand, worries that the redesignation process will take too long considering that there are more than 600 active Regional Centers across the country. This will result in a loss of business and will cause economic harm, which led to multiple Regional Centers to file lawsuits against USCIS.
March 15: President Biden signed the EB-5 Reform and Integrity Act of 2022 (“RIA”) into law.
April 22: Behring Regional Center filed a lawsuit against USCIS (“Lawsuit 1”)
April 29: USCIS published a Q&A prior to the Hearing Session, requiring all Regional Centers to file I-956 to get reauthorized before any Regional Center I-526 petition shall be filed.
May 10: First hearing with Judge Chhabria
May 23: Brief of IIUSA Amicus Curiae in Support of Behring (“Plaintiff”)
May 24: A group of Regional Centers and IIUSA (“Plaintiffs”) filed a second lawsuit against USCIS (“Lawsuit 2”)
June 2: Second hearing with Judge Chhabria where he acknowledged both sides’ arguments that:  It’s a stretch to say Congress intended for all Regional Centers to continue to be authorized, and  USCIS might have committed a legal error by being too quick to assume the language of the RIA means that Congress is treating all Regional Centers as deauthorized.
June 5: IIUSA withdrew from Lawsuit 2
June 6: IIUSA filed Motion to Intervene into Lawsuit 1
June 16: The Plaintiffs of Lawsuit 2 filed Motion for Preliminary Injunction
June 21: USCIS opposes IIUSA’s Motion to Intervene in Lawsuit 1
July 14: Hearing with Judge Chhabria on IIUSA’s Motion to Intervene
Late July or August: Ruling on IIUSA’s Motion to Intervene
USCIS argues in its Opposition to Motion to Intervene that IIUSA failed to meet the requirements to intervene in Lawsuit 1 of Behring V. USCIS, and “...failed to demonstrate that its interests would not be adequately represented by the Plaintiff in this matter.” USCIS also argues there is no difference between Behring and IIUSA litigation strategies. The hearing with Judge Chhabria on IIUSA’s Motion to Intervene is scheduled for July 14th at 5:30 PM EDT, and the ruling is expected in late July or August.
ARCFE is one of the first Regional Centers to file form I-956 for Regional Center reauthorization. While we do hope that both lawsuits can bring positive news to the Regional Center program by dismissing the reauthorization requirement and reducing the waiting time, our management team wants to ensure that regardless of the outcome, we are prepared to move forward. At this time, we are waiting for the result of the lawsuits, as well as any updates from USCIS regarding redesignation of Regional Center as a whole, and our I-956 case respectively. We are working closely with our Attorney to prepare necessary documents to file the project and TEA request as soon as possible.
We will continue to update you with the latest news.
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