DC Circ. Says Relatives Count Against EB-5 Visa Cap

By Grace Dixon (July 9, 2021, 6:10 PM EDT) -- The D.C. Circuit ruled Friday that family members count toward a cap on visas set aside for foreign investors, finding that immigration law requires the spouses and children of EB-5 investors to be tallied the same as other visa categories.

The three-judge panel ruled that the U.S. Department of State is implementing restrictions on the visas as Congress intended when it created the EB-5 visa program in 1990, despite arguments leveled by an EB-5 regional center and 13 investors that the approach is creating backlogs and hurting the U.S. economy.

"In matters of immigration policy, where deference to the political branches...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!