Judges in appeals court consider argument that spouses and children shouldn’t count towards EB-5 cap

After a district court recently shot down a challenge to the policy that an EB-5 petitioner’s derivative family members count towards the annual program cap, a D.C. Circuit court is considering the argument. The plaintiffs argue that Congress made a structural change with the introduction of EB-5 in 1990; their claim is predicated on what they see as a distinction between visa “classification” and a person’s “status” as a legal permanent resident.