Court Expresses Skepticism Over USCIS Guidance in IIUSA Lawsuit
IIUSA suggests a five year sustainment period as a balanced and fair solution
for all stakeholders.
Oral arguments took place on January 28 in the lawsuit filed by IIUSA challenging the USCIS sustainment period memorandum issued on October 11, 2023. During the hearing, the Court considered both IIUSA’s motion for summary judgment and the government’s motion to dismiss.
Notably, the Court expressed significant skepticism regarding the legality of USCIS’s sustainment period guidance and its impact on the EB-5 program. This memorandum has been a point of contention, as it affects stakeholders across the EB-5 community.
In a key development, the Court ordered the government to determine within 30 days whether it could reach a settlement with IIUSA. If a settlement is not achieved within that timeframe, the Court indicated that it is inclined to rule in favor of IIUSA.
IIUSA had previously filed a petition for rulemaking to ensure that USCIS arrives at a balanced and fair solution for all stakeholders within the EB-5 ecosystem. In its petition for rulemaking, IIUSA suggests a five (5) year sustainment period as a balanced and fair solution for all stakeholders. This lawsuit underscores IIUSA’s ongoing commitment to advocating for fair and transparent policies that support investors and regional centers alike. You can read FAQs on the lawsuit here.
IIUSA remains engaged in discussions with USCIS and looks forward to achieving an outcome that benefits the entire EB-5 community. Further updates will be shared as developments unfold.
For those with a Law360 subscription, you can read their recap of the arguments here.
