The EB-5 Regional Center Program Has Reopened

by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.


Vince Chhabria, the US District Judge, ordered a preliminary injunction across the nation in the Behring Regional Center vs. Mayorkas case, resulting in the EB-5 regional center program’s reopening for projects, regional centers, and investors. The IIUSA had made a legal case to offer relief to every regional center, and the Judge accepted it, which meant that the EB-5 regional center program had reopened. 

Here's what you should know about the change as explained by the NPZ Law Group.

Details on the Judge's Decision

The USCIS held that all regional centers approved previously lost regional center designations after passing the EB-5 law, and the Judge's decision overturned this.

His order ensured that every regional center designated previously would stay designated and permitted to operate until the litigation is decided or until the USCIS carries a process that is under the Administrative Procedure Act pertaining to the regional centers' status as per the new law. 

What Effects This Decision Can Have

All regional centers that were designated previously can file I-956F project approval applications right away. Any investors in such projects can file I-526 petitions. Investors can do so as soon as the filing of the I-956F project approval application is complete—approval is unnecessary.

Regional centers will not need to file an I-956 form to sponsor a project or attract investors as the Judge's decision allows them to remain permitted to operate. They also will not need to wait for approval if these regional centers already filed an I-956 form before this decision by the Judge.

What Regional Centers Can Do

It's best if regional centers have a discussion with their respective immigration lawyers to establish the following:

  • Whether they should move forward with filing an I-956F form for a specific project
  • If they want to have investors on board and whether each of these investors should file an I-526 petition

All of these steps will need to be in accordance with the 2022 EB-5 Reform and Integrity Act. This includes the securities and marketing compliance provisions. They must also provide documents that may explain potential issues and risks that may result from the proceedings as per the nationwide injunction. 

What Is the Likely Future of This Decision

The USCIS still has to accept the decision by the Judge. The USCIS may appeal this decision or create a "reasoned process" per the Judge's suggestion. The USCIS may try to defend the litigation. However, that may not happen considering what was discussed by the Judge.

If you have any questions about how these laws in the United States may impact you or your family or want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com, or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com.


About The Author


David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.

Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York.

Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.

Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.