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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