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Last month, the U.S. Citizenship and Immigration Service (USCIS) decertified more than 600 existing EB-5 regional centers and required them to re-certify, in order to continue using the EB-5 Regional Center Program. There have been several lawsuits launched by regional centers, investment and capital firms against the Department of Homeland Security, arguing that when the U.S. Citizenship and Immigration Services (USCIS) decertified existing EB-5 regional centers, it violated the Administrative Procedure Act and misinterpreted the EB-5 Reform and Integrity Act of 2022. Last week, the judge ruled in favor of the regional center challenging USCIS’ implementation of certain portions of the EB-5 Reform and Integrity Act of 2022. Contrary to guidance issued by USCIS, preexisting regional centers now retain their designation and may file for project pre-approval and investors can file related I-526 petitions. This is a big win for the EB-5 industry. Williams Global Law will continue to provide updates on relevant advances. Please contact us ASAP for more information or if interested in investing in the EB-5 Regional program.

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