The regional center California Energy Investment Center has argued in a California court that a Hawaii dairy farm project is within its jurisdiction; but the immigration agency says no, the geographic scope of the regional center must be contiguous. CEIC says that requirement discriminates against the island state as it precludes oversight by a mainland regional center. The suit asserts USCIS added the contiguity requirement to the Policy Manual in 2018 — after CEIC filed its application.
“There is no indication whatsoever that Congress intended to discriminate against Hawaii in connection with the EB-5 program. There is no room to interpret either the language or the intention of Congress to impose an additional requirement that physical contiguity is required,” argues the regional center.
The regional center also pointed out that other federal agencies group Hawaii and California in the same region. Hawaii cannot produce enough milk for its population and receives up to 80% of its milk from mainland suppliers.Law360 article (subscription required)
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