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EB-5 Regional Center 2022 Lawsuit: Update 3-10-22




EB-5 Regional Center 2022 Lawsuit: Update 3-10-22

We’re writing with another important update about Congressional action and our revised plan for this lawsuit.

Please read this message carefully. We will also have a Zoom call to answer your questions; we’ll send out information when we have that scheduled.

After you’ve read this page, please complete our update form.

What’s the latest from Congress?

As you may know, yesterday the House passed the omnibus spending bill which includes the language we mentioned earlier in the week. The Senate is very likely to pass it with the same language by tomorrow night; there are no ongoing negotiations we know of regarding the EB-5 program.

The bill changes the regional center program, but “grandfathers” already-pending applications to be processed under the current rules rather than the new rules. We’ve received informal confirmation that the government will resume adjudicating your applications as soon as the law passes and will not wait 60 days.

What does that mean for our case?

We’re now adjusting our strategy slightly, with the same goal: to help as many plaintiffs as possible get adjudication of your cases as quickly as possible.

Instead of a single suit, we will be filing three separate mandamus / unreasonable delay lawsuits. In each case we will argue that the government’s recent delay was an illegal interpretation of the law, and that they should have continued processing your cases even after the EB-5 regional center numerical limit expired.

Because there’s no longer an urgent risk of mass denials, we expect to file these lawsuits late next week. We will not charge any additional legal fees to participate.

The three lawsuits will be for the following groups:

1.  Plaintiffs whose I-526 is still pending.

2.  Plaintiffs whose I-526 is approved, and who plan to apply for their immigrant visa at a consulate abroad. This includes those who have already submitted a DS-260, or those who have not yet submitted DS-260 because you feared DoS would not process your case.

3.  Plaintiffs whose I-526 is approved, and who plan to adjust status within the US. This includes folks who already filed their I-485, as well as those who have not yet filed an I-485 because you feared USCIS would not process your case.

These planned lawsuits are substantially similar to what you already agreed to in your engagement letter. However, we’re offering folks an opportunity to opt out now and receive a full refund if you would like.

We also cannot include folks who have a separate mandamus relating to your I-526 / I-485 / DS-260. However, we can continue to include folks who have a separate mandamus relating only to other benefits (EAD and/or Advance Parole).

Please complete our update form by Wednesday, March 16 at 5:00 pm to confirm that you would still like to participate, and to confirm that you do not have an existing mandamus lawsuit on the same issue. 

Thank you again for your confidence and patience as we keep up with the changing landscape and work to advocate for your interests.

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