Chinese Investors Win Appellate Reversal of Investor Visa Denial

U.S. Citizenship and Immigration Services unreasonably denied a group of investors’ petitions for EB-5 visas on the basis that their investment didn’t comply with the rules of the program, a federal appeals court in Washington ruled.

USCIS didn’t “reasonably explain” its visa denials to a group of five Chinese investors, and erred in its definition of “capital at risk,” the U.S. Court of Appeals for the District of Columbia ruled on Friday.

Overturning a lower court decision, the three-judge panel said the plaintiffs did show that their investment of $500,000 each in Mirror Lake Village LLC fit that description because ...