The Behring Regional Center was involved with two notable lawsuits that impacted the EB-5 industry.
The Challenge of the Modernization Rule
Behring filed a lawsuit to challenge the implantation of the EB-5 Modernization Final Rule which was implemented on November 21, 2019. Most notably, the new regulations increased the minimum EB-5 investment amount from $500,000 to $900,000. On June 22, 2021, a judge ruled that former Acting Homeland Security Secretary Kevin McAleenan was not appointed under the proper procedure and thus exceeded his statutory authority in issuing those regulations. A return to prior EB-5 regulations, including the $500,000 minimum investment, was thus made.
The Challenge of the Deauthorization of the Regional Center Program after the RIA
Behring, along with five other regional centers and the industry group IIUSA, was involved in another lawsuit that challenged the deauthorization of EB-5 Regional Centers after the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) arguing that the agency violated the Administrative Procedure Act (APA).
On June 24, 2022, the US District Court for the Northern District of California issued a decision in favor of Behring Regional Center and issued a preliminary injunction to stop USCIS from deauthorizing EB-5 regional centers.