On October 14th, representatives from USCIS and the Department of Justice met with plaintiffs’ representatives to discuss the implementation of the settlement in the matters of EB5 Capital, et al. vs. United States Department of Homeland Security, et.al. and Behring Regional Center vs. Alejandro Mayorkas, et al. It was the first in what will be a series of meetings over the next two years.
Representing Regional Center plaintiffs EB5 Capital, Golden Gate Global, CanAm Enterprises, Pine State Regional Center, and Civitas Capital Group, as well as the national trade association, Invest in the USA (IIUSA), were Ron Klasko of Klasko Immigration Law Partners, Lulu Gordon, General Counsel for EB5 Capital, Dan Healy, IIUSA board member and CEO of Civitas Capital Group, and Aaron Grau, Executive Director of IIUSA. Plaintiff Behring Regional Center was also represented at the meeting.
The following topics were discussed:
- Good standing
- Issues relating to Regional Centers that filed Form I-956, pre-injunction or pre-settlement
- Retroactive vs. prospective application of the RIA for Regional Centers that have or will file their Form I-956 by 12/29/2022
- USCIS intentions with respect to Regional Centers that do not intend to sponsor new projects under the RIA and do not file Form I-956 by 12/29/22, and investor protections for investors associated with those Regional Centers
- Issues with lockbox and receipt notices
- Discussion on various interim forms, related definitions, and standards
On behalf of the regional center industry and all its stakeholders, the plaintiffs’ representatives appreciate the opportunity to engage USCIS in a meaningful way. We look forward to receiving responses from USCIS and continued dialogue.
