Judge denies investor & regional center legal challenge of counting family members towards EB-5 quota

  • Posted on April 1, 2020 | Updated on April 2, 2020 | 5 min read

Chinese investors and a California regional center filed a lawsuit against the Department of State arguing that counting EB-5 green card investor family members against the 10,000 annual cap was “unlawful.” The judge did not agree; she said that when lawmakers created EB-5 they used identical language from another visa subsection in the Immigration and Nationality Act — and thus meant to use that other visa’s policy of counting family members against a quota. The plaintiffs plan to appeal.

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