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DHS Files Motion to Dismiss Appeal for EB-5 Investment Amount

The Department of Homeland Security (DHS) on January 5 th , 2022, filed an unopposed motion to dismiss its appeal to the Behring Regional Center lawsuit.

The appeal was filed in August 2021 by Alejandro N. Mayorkas, Secretary of Homeland Security; Tracy Renaud, Acting Director, U.S. Citizenship and Immigration Services; Edie Pearson, USCIS Policy Branch Chief of the Immigrant Investor Program Office.

In the lawsuit of Behring Regional Center LLC v. Wolf, on June 22, 2021, the U.S. District Court for the Northern District of California, had vacated the EB-5 Immigrant Investor Program Modernization Final Rule, which reversed the required investment amount in a targeted employment area from US$ 900,000 back to US$ 500,000.

The news of DHS filing an unopposed motion to dismiss its appeal to the Behring Regional Center lawsuit is welcome news in the interim for investors interested in the Direct EB-5 Program as well as others who are awaiting renewal of the Regional Center Program which is likely to take place towards the end of February, 2022.

Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of


Donoso & Partners, LLC provide assistance with review and advice regarding eligibility for visas to the U.S. or Canada.

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