EB-5 Centers Reopen For Now, Bringing Back Key Capital Source

passport

preliminary injunction issued by the U.S. District Court of the Northern District of California allows existing EB-5 regional centers to operate, reopening an important channel for real estate capital, at least for now.

The injunction sets aside the deauthorization of the centers, which occurred as part of a reform of the EB-5 visa program earlier this year.

As part of the reform, U.S. Citizenship and Immigration Services required that all of the existing regional centers “redesignate,” but the precise steps the centers needed to take were unclear.

The upshot of the USCIS requirement was that regional centers could not function.

Regional centers facilitate visa applications for non-U.S. investors under the EB-5 visa program, which awards immigrant visas in return for investments that create a certain number of U.S. jobs in distressed places, particularly high-unemployment urban areas or blighted rural areas.

The program, which started in the early 1990s, is a popular source of capital for real estate projects.

Congress let the EB-5 program lapse in 2021, but revived it earlier this year via the passage of the Reform and Integrity Act, which President Joe Biden signed in March.

A number of lawsuits have been filed over the matter. The one that U.S. District Judge Vince Chhabria ruled on was by Behring Co., a real estate developer and the operator of Behring Regional Center.

The suit alleged that the USCIS wrongly interpreted the reform as deauthorizing the more than 600 previously authorized regional centers.

"The agency thus announced that the existing regional centers were deauthorized, effectively cutting off their revenue streams. That was almost certainly legal error," Chhabria wrote in the injunction.

Continue reading this story with a free account

Log in or register
Sign up for more articles like this
Subscribe to Bisnow's National Newsletters
Related Stories

JVP Development Is Betting $37M Of Its Own Money That Frisco Is Ready For Spec Office

Wall Street Impatient For Big Tech Returns On Data Center Spending

As AI Adoption Ramps Up, Half A Million Property Managers Are In The Crosshairs

Treasuries Hover Around 4.7% As Wall Street Questions If Warsh Is A 'Dove In Hawk's Clothing'

Avison Young Had Assets Frozen By Bank Over Unpaid Taxes

Camden Property Trust Sells West Coast Portfolio, Clears $1.5B Target

Churchill Downs Plans To Sell 9 Casinos, Focus On Horse Racing

Bringing Stability And Savings To CRE Insurance Through Working Layer

More Hotel Owners In Need Of Cash Are Getting It From The Big Brands

Former Arms Dealer Targeting Heartland Apartment Takeover Files For Bankruptcy

SEC Charges REIT, Its Founders With Alleged $152M Fraud Scheme

Equinix Ramps Up Spending Plans Amid Faster-Than-Expected AI Shift