How a Lawsuit Against USCIS Could Shape the Future of EB-5 Investment Sustainment Requirements
On January 28, 2025, oral arguments were held in the lawsuit IIUSA filed against USCIS over how long EB-5 investors must keep their investment sustained in an EB-5 project.
The Court expressed concerns about the legality of USCIS’s sustainment period guidance and how it impacts the EB-5 program.
In its lawsuit, IIUSA argues that USCIS failed to follow the proper legal procedures when it changed the sustainment period rule from lasting throughout the conditional residency period to just 2 years.
In this lawsuit, IIUSA contends a 5-year sustainment period would better support economic growth, create jobs, and encourage long-term EB-5 projects.
The Court has given the government 30 days to try to settle the case with IIUSA. If a settlement is not reached within this timeframe, the Court has indicated it is inclined to rule in favor of IIUSA.
Our office is monitoring the lawsuit and will continue to provide updates as they become available.