Judge Finds Spouses, Kids Count Toward Investor Visa Cap

Law360 (March 26, 2020, 1:29 PM EDT) -- A D.C. federal judge has concluded the U.S. Department of State is implementing a cap on EB-5 investor visas as Congress intended, rejecting Chinese investors’ argument that spouses and children should not be counted toward the cap.

U.S. District Judge Tanya S. Chutkan said Wednesday that when lawmakers amended the Immigration and Nationality Act in 1990 to create a fifth employment-based visa category, the EB-5, they adopted identical language from a different visa subsection in the INA implying that the new visa category should be implemented the same way as the subsection it is copied from.

Congress added language from 1965...

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