American Life Joins Lawsuit Against USCIS Over EB-5 Petition Fee Increases

April 25, 2024 — 1 min read

American Life, along with Invest in the USA (IIUSA), the national EB-5 trade association serving the majority of active Regional Centers, and ten other Regional Centers, filed a lawsuit against the United States Citizenship and Immigration Services (USCIS).  The lawsuit, Civitas Capital Group et al. vs. USCIS et al., was filed in the District Court for the Northern District of Texas and challenges the “Final Rule” issued by the Department of Homeland Security (DHS) that concerns government filing fees for EB-5 related petitions.  

The lawsuit argues that the fee increases for EB-5 related petitions are far greater both in dollar amounts and in percentage increase compared to any of the other increases in filing fees.   American Life feels the proposed fee structure is excessive and punitive to EB-5 investors, and that USCIS did not follow the rule of law in promulgating the regulation.   Director of Business Development Ishaan Khanna’s non-profit organization, The American Immigrant Investor Alliance (AIIA), which advocates for EB-5 investors’ rights, previously filed a similar lawsuit against USCIS in March.