Your Money Is Good Here, Judge Tells EB-5 Visa Seeker

Law360 (February 1, 2019, 5:12 PM EST) -- A Chinese citizen's investment of loan proceeds in the U.S. counts as a cash investment that can qualify her for the EB-5 visa program, a D.C. federal judge said Thursday, rejecting the federal government's stance that money from a loan should be classified as debt rather than cash.

U.S. District Judge Trevor N. McFadden held that U.S. Citizenship and Immigration Services' denial of graduate student Siqing Wang's EB-5 visa petition — based on the agency's read of a federal regulation that the $500,000 she had invested was "indebtedness," not qualifying capital — was arbitrary and capricious in violation of the Administrative...

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