Under the EB-5 Regulation, the most important change to the program was the increase in the minimum investment amount from $500,000 to $900,000 for investments made in a Targeted Employment Areas that qualifying for this lower investment amount.In its lawsuit, Behring requested the Court to issue a judgment that the EB-5 Regulation is null and void because acting Secretary Wolf was not lawfully serving in his role at the time the final rule was issued. The Court agreed and set aside the EB-5 Regulation and has remanded the matter back to the Department of Homeland Security.
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