EB-5 Lawyers Challenge USCIS Fee Hike

The recent announcement of a fee hike by the U.S. Citizenship and Immigration Services (USCIS) has sparked significant concern among EB-5 immigration attorneys. The lack of a mandatory fee study prior to implementing the increase has raised questions about the legality and fairness of the decision.

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Missing Fee Study Raises Legal Questions:

The implementation of the Reform and Integrity Act of 2022 (RIA) mandated a fee study to justify any price increase by USCIS. However, the agency failed to conduct this study before announcing the fee hike, prompting EB-5 attorneys to question the legality of the decision.

Attorneys Demand Accountability:

EB-5 attorneys like Daniel Zeft and Samuel Newbold are calling attention to the absence of the required fee study. They argue that without transparent justification for the fee increase, EB-5 investors are left in the dark about the basis for the hike.

Potential Litigation Looms:

Tammy Fox-Isicoff warns that the lack of a mandatory fee study could result in litigation against USCIS. She highlights the prolonged processing times for EB-5 petitions and asserts that USCIS’s actions are unacceptable and may lead to legal challenges.

Speculations on Motivations Behind Fee Hike:

Zeft raises concerns that the fee hike for EB-5 petitions could be motivated by factors other than covering increased costs and visa demand. He suggests that USCIS may be diverting funds from EB-5 investors to address unrelated matters such as asylum cases at the southern border.

USCIS Response and Justification:

USCIS claims that the fee hike follows a comprehensive review required by law and aims to recover the full costs of agency operations. However, the absence of a completed fee study leaves doubts about the justification for the increase.

No Guarantees of Improved Services:

Despite the fee hike, EB-5 attorneys caution investors against expecting improved processing times or better services from USCIS. Past increases in filing fees did not result in enhanced efficiency, and there is scepticism that this time will be any different.

Conclusion:

The lack of a mandatory fee study prior to the USCIS fee hike for EB-5 petitions has raised significant concerns among immigration attorneys. Without transparent justification, questions about the legality and fairness of the increase persist. As EB-5 investors grapple with the implications of higher fees, uncertainty looms over the future of the program and the services provided by USCIS.