|

|

CanAm’s Statement on Behring vs Wolf Ruling

By CanAm
June 24, 2021

On June 22nd, the U.S. District Court for the Northern District of California ruled in Behring Regional Center LLC v. Chad Wolf, that Former Acting Homeland Security Secretary Kevin McAleenan was not properly serving in his position when he promulgated the EB-5 Modernization Final Rule, and accordingly, the new EB-5 Program regulations which took effect on November 21, 2019, must be “set aside.”

Although we understand that the possibility of the EB-5 Program rules reverting to pre-November 21st standards opens up many questions, including the possibility of lower investment amounts, we caution that the impact of the Behring Order is not immediately clear as USCIS has yet to issue formal guidance, and it is quite possible that DHS will choose to appeal the order and/or seek to reinstate the Program changes in a manner that will meet the district court’s requirement.

We are hopeful that USCIS will respond with timely guidance that will shed additional light on this matter.

Featured Insights

Explore what’s happening now with CanAm and the EB-5 Visa.

Loans and EB-5: What’s Allowed, What’s Risky, and What’s New Under the RIA

Part 3 of CanAm’s Series on EB-5 Adjudication Trends with Jen Hermansky and Pete Calabrese “Can I use a loan to fund my EB-5 investment?”...

Preparing the Strongest EB-5 Petition in a More Demanding Adjudication Environment

The EB-5 landscape continues to evolve—quickly and, in many cases, unpredictably. In a recent webinar, Pete Calabrese, CEO of CanAm Investor Services, sat down with...

CanAm Enterprises Celebrates 3,000 Permanent Green Cards for EB-5 Investors

CanAm Enterprises is proud to announce a landmark achievement in our more than three decades of sponsoring immigration-linked investments: over 3,000 investor-families have now obtained...

InvestAmerica’s Mike Xenick: Challenges and Advertising Compliance for U.S. Based Marketing to EB-5 Investors

Marketing U.S. private securities offerings—particularly those under the EB-5 Immigrant Investor Program—requires careful navigation of complex legal, regulatory, and practical considerations. While EB-5 marketing historically...

Connect With Us About Your EB-5 Visa

CanAm Enterprises will guide you through every step of the process with a proven track record of success.

The Implications of the Behring vs. Wolf Ruling on EB-5 Investments

The Behring vs. Wolf ruling has significant implications for current and prospective EB-5 investors. With the court's decision to invalidate the EB-5 Modernization Final Rule, many investors are left wondering how this will affect their applications and investment strategies. The ruling may lead to a reversion to previous investment thresholds and requirements, which could alter the landscape for foreign investors looking to secure U.S. residency through the EB-5 program.

As stakeholders await formal guidance from USCIS, it is crucial for investors to stay informed about potential changes. The ruling not only affects the investment amounts but also raises questions about the overall stability and future of the EB-5 program. Investors should consider consulting with experts to navigate these uncertainties effectively and to reassess their investment strategies in light of the recent developments.

Understanding USCIS Guidance: What Investors Need to Know

USCIS guidance plays a critical role in defining the operational framework for the EB-5 program, especially following the Behring ruling. Investors need to be aware of how USCIS interprets the ruling and what new policies may emerge as a result. This guidance will be essential in determining the next steps for applications and processing timelines, impacting investors' decisions on whether to proceed with their EB-5 investments.

As CanAm Enterprises continues to monitor the situation closely, we encourage investors to keep an eye on announcements from USCIS. Understanding this guidance will help investors make informed choices about their applications and ensure they are aligned with the latest regulatory requirements. Seeking expert advice during this transitional period can provide clarity and confidence in navigating the evolving landscape of the EB-5 program.

Future of the EB-5 Program: Trends and Predictions

The future of the EB-5 program remains uncertain in light of recent legal developments, but several trends are emerging that could shape its trajectory. Analysts predict that the potential return to pre-2019 regulations may lead to increased interest from investors, particularly those who were deterred by higher investment thresholds. Understanding these trends is vital for investors aiming to capitalize on opportunities within the EB-5 market.

Moreover, the introduction of the EB-5 Reform and Integrity Act of 2022 has already begun to influence investor behavior. As CanAm continues to evaluate these trends, we remain committed to providing insights and updates that can help investors make strategic decisions. By staying informed about the evolving landscape, investors can better position themselves to take advantage of future opportunities within the program.

CanAm's Commitment to Investor Education and Support

At CanAm Enterprises, we prioritize investor education and support, especially during times of uncertainty like the aftermath of the Behring ruling. Our commitment extends beyond just facilitating EB-5 investments; we strive to empower our investors with the knowledge they need to navigate the complexities of immigration-linked investments. Through informative resources and expert consultations, we aim to enhance our clients' understanding of the EB-5 program.

We believe that informed investors are successful investors. That's why we provide regular updates, educational webinars, and personalized guidance to help our clients stay abreast of changes in the EB-5 landscape. As the program evolves, CanAm remains dedicated to ensuring that our investors are well-equipped to make the best decisions for their future and to achieve their immigration goals.