Chinese Investors Win Class Cert. In EB-5 Visa Cap Fight

Law360 (October 23, 2018, 2:53 PM EDT) -- A D.C. federal judge has provisionally certified a class of foreign investors and their families in a suit challenging the U.S. Department of State’s policy of counting family members toward the EB-5 visa cap, handing an early win to a group of Chinese investors who say they’ve been harmed by the policy.

In an order filed Monday, U.S. District Judge Tanya S. Chutkan granted provisional class certification to the EB-5 hopefuls, along with their spouses and children, for the “sole purpose of resolving” the class’ motion for a preliminary injunction seeking relief from the State Department’s counting policy, which the investors...

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