Published
Two noteworthy litigation cases related to the EB-5 visa program are pending, creating uncertainty about their potential implications for this U.S. residency pathway.
First, is the case brought by Invest In the USA (IIUSA) against United States Citizenship and Immigration Services (USCIS) relating to the definition of “sustainment period”, where IIUSA claims that USCIS’s October 11, 2023, Policy Release was invalid since it constituted a modification to the pre-RIA Regulations that were not changed as a result of the EB-5 Reform and Integrity Act of 2022 (RIA).
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