IIUSA Files Joint Status Report in Lawsuit Against DHS Regarding Sustainment
This afternoon, IIUSA, through its legal counsel, filed a Joint Status Report (JSR) reflecting the association’s position toward settlement as well as USCIS’s position.
IIUSA’s goal is to have fair and transparent policies that support the entire EB-5 community, including investors, agencies, regional centers, and service providers. As reflected in the JSR, IIUSA ultimately wishes for a sustainment rule that would mirror the intent of Congress. The association agrees with USCIS’s position that a sustainment period tied to the period of conditional residence has become too burdensome for investors. IIUSA believes that USCIS should replace the existing sustainment period regulation with a sustainment period defined by a specific number of years through a proper legal process.
Additionally, IIUSA has proposed to USCIS that those investors that invested prior to a settlement agreement receive the benefit of the October 2023 policy. And for investors that invested after the settlement agreement, IIUSA has proposed that those investors should be subject to the sustainment rule USCIS promulgates following the notice-and-comment rulemaking it would undertake.
You can read the full JSR HERE.
It makes clear that IIUSA does NOT want to revert to a sustainment period tied to an immigrant investor’s conditional residency; that doing so is too burdensome and unfair to investors. IIUSA continues to push for stability in the EB-5 marketplace through legally promulgated rules that consider all stakeholders’ perspectives and input.
IIUSA FAQs on Sustainment Lawsuit
