USCIS website reacts to Behring injunction (6/29)

[Update: On July 11, the USCIS website was revised again to fix the problems identified in this post.] In April 2022, the USCIS website EB-5 pages published five statements referencing USCIS interpretation that previously designated regional centers were deauthorized by the EB-5 Reform and Integrity Act: one Alert on the EB-5 program main page, and four statements in the EB-5 Q&A (April 2022) linked to the EB-5 Resources page. On June 24, a judge ordered that “USCIS is preliminarily enjoined from treating as deauthorized the previously designated regional centers based on its almost certainly erroneous interpretation of the Integrity Act” (as discussed in my previous post). I’ve been refreshing the USCIS website ever since, waiting for revisions. Today (June 29) USCIS reacted–but only to delete one of the five EB-5 webpage statements about loss of RC authorization. The EB-5 main page remains unchanged, while just one or four offending Q&A was deleted. All EB-5 Form pages remain unchanged, and there’s no new comment so far on accepting regional center I-526. I hesitate to draw any conclusion from today’s inconsistent and incomplete update, except about USCIS carelessness/incompetence. (For examples of the kind of questions USCIS could be addressing, see IIUSA partner organization AILA sends letter to USCIS asking for clarification on implementation of temporary injunction.)

USCIS Website EB-5 Q&A Page as updated June 29, 2022, following the Behring injunction (identical to the April 29 version except for the revised heading and the former Question 2 deleted)

USCIS Website EB-5 Q&A Page as published April 29, 2022, prior to the Behring injunction

About Suzanne (www.lucidtext.com)
Suzanne Lazicki is a business plan writer, EB-5 expert, and founder of Lucid Professional Writing. Contact me at suzanne@lucidtext.com (626) 660-4030.

One Response to USCIS website reacts to Behring injunction (6/29)

  1. Lee says:

    This is what incompetency looks like. lol I guess USCIS doesn’t have to obey the judge.

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