The US Department of Homeland Security (DHS) yesterday withdrew its appeal of the Behring Regional Center lawsuit. This action should clear up any lingering questions regarding the qualifying investment amount and TEA determination of current and future direct EB-5 petitions.

The November 2019 EB-5 Immigrant Investor Program Modernization Rules had increased the minimum EB-5 investment amount to $900,000. This rule now remains vacated, and the pre-November 2019 EB-5 regulations remain in effect, including the $500,000 investment amount for projects located in qualifying targeted employment areas (TEAs).

This is welcome news for current and future direct EB-5 investors. However, the $500,000 investment amount may be temporary. USCIS could promulgate new EB-5 rules, or Congress could pass legislation, which would again increase the EB-5 direct and regional center program investment amount.

If you are interested in pursuing a direct EB-5 petition, please schedule a consultation today with a Miller Mayer attorney at