Washington, D.C. – On July 29, 2025, the United States District Court for the District of Columbia issued an order in IIUSA’s case against USCIS asserting the government unlawfully promulgated a rule limiting the necessary EB-5 investor “sustainment period” to not less than two years.
Today, IIUSA is excited to report its efforts have finally forced USCIS to represent to the Court that it will, in fact, properly seek notice and comment about this rule as well as all other matters to be regulated for the Reform and Integrity Act (RIA).
To that end, USCIS committed to providing a Notice of Proposed Rulemaking by this November 2025. The Court’s order specifically states that, “USCIS confirmed twice…that it plans to publish the results of the [Notice of Proposed Rulemaking] process in November 2025.”
IIUSA President Bill Gresser commented, “This case is about ensuring that USCIS follows the law and doesn’t regulate the EB-5 program via website post. The agency has now assured the Court it will commence formal notice-and-comment rulemaking in November 2025, and IIUSA looks forward to participating in that process. As the industry trade association, IIUSA is committed to ensuring that USCIS implements the EB-5 Reform and Integrity Act and regulates the EB-5 program in compliance with the statutes mandated by Congress.”
For its part, the Court accepted the government’s promise to properly promulgate rules for the RIA and is holding off on any further rulings pending the government’s actual release of the NPRM. The Court further required the parties, “to provide a joint status report in 90 days and every 60 days thereafter, or until further order of the Court.”
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About IIUSA
Invest in the USA (IIUSA) is the national membership-based not-for-profit industry trade association for the EB-5 Regional Center Program. Its members represent the vast majority of capital formation and job creation in the EB-5 industry. IIUSA advocates for the long-term success and integrity of the EB-5 Program and administers a variety of educational and business development initiatives around the world.
Media Contact:
Matthew Harakal
Communications Director
matt.harakal@iiusa.org
