EB-5 Visa Applicants Win Class Cert. Over USCIS Restrictions

Law360 (December 3, 2018, 6:50 PM EST) -- U.S. Citizenship and Immigration Services erred in how it interpreted federal immigration law by determining that money for funding projects related to the EB-5 visa program could only be either cash or loans secured by personally owned assets, a District of Columbia federal judge ruled Friday, certifying an impacted class of visa applicants.

USCIS misinterpreted the Immigration and Nationality Act by setting the limitations on what constitutes "cash" put up by applicants, who hope to secure legal permanent residency by investing at least $500,000 in domestic projects meant to create jobs, according to the summary judgment opinion by U.S. District Judge...

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