At the last moment, the U.S. Citizenship and Immigration Service (USCIS) filed an appeal against the decision in the Behring Regional Center lawsuit dealing with the U.S. EB-5 investor immigration program. The appeal deals with a preliminary injunction obtained by the Behring Regional Center against the Department of Homeland Security’s EB-5 Modernization Rule that went into effect on November 21, 2019.  The EB-5 Modernization Rule increased the minimum investment requirement for EB-5 projects from $500,000 to $900,000 if the project was located in a Targeted Employment Area (TEA) and from $1 million to $1.8 million if the project was located outside of a TEA. The injunction was issued by the U.S. District Court for the Northern District of California to strike down the EB-5 Modernization Rule and return to the old investment requirement of just $ 500,000. The USCIS appealed to reinstate the level back to $ 900,000.

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