USCIS Files Notice of Appeal in the Behring Regional Center Lawsuit

08.23.21 | Government Affairs

On Monday, August 23, U.S. Citizenship and Immigration Services (USCIS) filed a notice that it will appeal the Behring Regional Center lawsuit. The agency now has until August 26th to submit its pleading.

The notice of appeal was filed by Alejandro N. Mayorkas, Secretary of Homeland Security; Tracy Renaud, Acting Director, U.S. Citizenship and Immigration Services; Edie Pearson, USCIS Policy Branch Chief of the Immigrant Investor Program Office.

IIUSA will ensure the EB-5 industry is updated on any and all important developments in this case as we continue our larger work towards a long-term reauthorization of the EB-5 Program. Should you have any questions please email

The Background

In its ruling earlier this year in Behring Regional Center, LLC v. Chad Wolf (3:20-cv-09263-JSC) the U.S. Northern District Court of California vacated the November 2019 EB-5 Modernization Regulations (the “Regulations”). The court ruled that former acting DHS Secretary Kevin McAleenan was not properly serving in his position under the Federal Vacancies Reform Act when he promulgated the EB-5 Modernization Final Rule and the EB-5 regulations that took effect in November 2019 must be set aside. The court also ruled that the ratification of the EB-5 rule by current DHS Secretary Mayorkas in March of this year did not cure the defect arising from McAleenan’s improper appointment.


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