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...

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