Applicants Sue Over Policy on EB-5 Infrastructure Investments

A group of Chinese applicants who’ve been waiting close to five years for EB-5 investor visas is suing the government over a policy they say wrongfully prevents them from securing the visas much earlier.

US Citizenship and Immigration Services is only issuing determinations of whether newly filed business projects qualify for an annual set-aside of EB-5 visas for applicants who invest specifically in infrastructure projects under a 2022 reauthorization law, the plaintiffs say.

That set-aside also applies retroactively to infrastructure projects USCIS approved for the EB-5 regional center program before Congress allowed its authorization to lapse in 2021, according to ...