Chinese investors seeking reserved visas under the EB-5 program have suffered a setback in their legal battle. They had invested in an infrastructure project before the passage of the EB-5 Reform and Integrity Act (RIA) and contended that they should be eligible for reserved visas retroactively. However, a federal judge dismissed their claims against the USCIS, ruling that agency guidance, including an online Q&A post and a policy manual update, did not constitute a challengeable final agency action. Even if the challenge were valid, the judge said the investors failed to prove any conflict between the guidance and the RIA. The investors' “real gripe," he said, was with Congress as it did not make the RIA retroactive.
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