Immigrant Investors Lose Visa Delay Suit Before D.C. Circuit

A group of South African immigrant investors lost a challenge to what they say are unreasonable wait times in getting their visa petitions adjudicated after a federal appeals court sided with the government in the case.

The EB-5 investor visa applicants alleged in two consolidated cases that US Citizenship and Immigration Services failed to follow its own rules for adjudicating the petitions, instead processing some petitions out of order in instances of favoritism.

Even if the agency was following the official policy, the wait times they faced were unreasonable, they argued.

But suggestions of misconduct don’t support a finding that ...