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Title : Behring Co. Wins Landmark Decision to Revive EB5- Immigrant Investor visa Program

U.S. District Court of Northern District of California strikes down 2019 rule changes by DHS that brought EB-5 investment to a near halt.

Behring Co., a vertically integrated real estate developer and the operator of Behring Regional Center, today praised the U.S. District Court of the Northern District of California’s decision to rule in favor of its request to vacate the EB-5 Modernization Rule implemented by the Department of Homeland Security (DHS) in 2019. The decision by U.S. Magistrate Judge Jacqueline Scott Corley supports Behring’s argument that the DHS officials responsible for enacting the rule, which updated various regulations governing the EB-5 Immigrant Investor Visa Program, were unlawfully appointed in violation of the Federal Vacancies Reform Act of 1998, and therefore had no legal authority to promulgate the change