EB5 Capital Litigates USCIS’ Recent EB-5 Filing Fee Increases
April 29 2024 - 1:54PM
On April 22, 2024, EB5 Capital, along with Invest in the USA
(IIUSA), the national EB-5 trade association serving the majority
of active Regional Centers, and ten other Regional Centers, filed a
lawsuit against the United States Citizenship and Immigration
Services (USCIS). The lawsuit, Civitas Capital Group et al. vs.
USCIS et al., was filed in the District Court for the Northern
District of Texas and challenges the “Final Rule” issued by the
Department of Homeland Security (DHS) that concerns government
filing fees for EB-5 related petitions.
The Final Rule issued by DHS on January 31, 2024, which went
into effect on April 1, 2024, revised USCIS’ filing fees for all
petitions and applications adjudicated by the agency. Civitas
Capital Group et al. vs. USCIS et al. argues that the fee increases
for EB-5 related petitions in this Final Rule are far greater both
in dollar amounts and in percentage increase compared to any of the
other increases in filing fees announced in this rule. “It is
essential that USCIS abide by the rule of law in promulgating
regulations. Its ongoing failure to do so diminishes the impact and
integrity of the EB-5 Program,” commented Lulu Gordon, General
Counsel for EB5 Capital. The lawsuit argues that the new fee
structure violates several federal laws, including the EB-5 Reform
and Integrity Act of 2022 (RIA), the Regulatory Flexibility Act
(RFA), the Immigration and Nationality Act (INA), and the
Administrative Procedure Act (APA), as well as internal guidelines
established by the Office of Management and Budget (OMB).
“These increased fees are unreasonable and will burden our
current and future investors,” said Ishaan Khanna, EB5 Capital’s
Director of Business Development. Ishaan Khanna’s non-profit
organization, The American Immigrant Investor Alliance (AIIA),
which advocates for EB-5 investors’ rights, previously filed a
similar lawsuit against USCIS in March.
For more information, a copy Civitas Capital Group et al. vs.
USCIS et al. is available here.
About EB5 Capital
EB5 Capital provides qualified foreign investors
with opportunities to invest in job-creating commercial real estate
projects under the United States Immigrant Investor Program (EB-5
Visa Program). Headquartered in Washington, DC, EB5 Capital’s
distinguished track record and leadership in the industry has
attracted investors from over 75 countries. As one of the oldest
and most active Regional Center operators in the country, the firm
has raised over $1 billion of foreign capital across approximately
40 EB-5 projects. 100% of our investors’ funds are protected by the
Federal Deposit Insurance Corporation (FDIC) insurance prior to
their deployment into our projects. Please
visit www.eb5capital.com for more information.
Contact: Katherine
WillisDirector, Marketing &
Communicationsmedia@eb5capital.com