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EB-5 Lawsuits Settled, Allowing Regional Centers To Remain


Parties in a legal battle that affected the EB-5 visa program, an important mechanism for real estate capital, settled in the U.S. District Court of the Northern District of California this week, reauthorizing the regional centers that facilitate the visas.

The agreement settles two lawsuits, including one by Behring Co., a real estate developer and operator of one of the centers, over the U.S. Citizenship and Immigration Services' decision that led to the deauthorization of regional centers earlier this year.

The settlement stipulates that previously operational regional centers will retain their authorization. Additionally, the USCIS will update its website, forms and other instructions, to adhere to the terms of the agreement, according to a press release.

Regional centers reopened temporarily earlier this year after an injunction issued by U.S. District Judge Vince Chhabria.

“Judge Chhabria’s grant of a nationwide preliminary injunction, and USCIS’ subsequent agreement to a reasonable settlement, enables the EB-5 Regional Center program to move forward contributing to the U.S. economy and creating American jobs,” Ron Klasko of Klasko Immigration Law Partners said in a press release.

Regional centers for the program were required to reform earlier this year, but precise steps were unclear, triggering the lawsuits. 

The EB-5 program has been an international capital source for real estate projects in the United States since its establishment in the 1990s.