Investor Failed to Prove EB-5 Funds Were Legally Obtained: Judge

U.S. Citizenship and Immigration Services properly denied an immigrant investor’s petition for an EB-5 visa when she couldn’t produce evidence that her funding was lawfully obtained, a federal judge in Miami ruled.

Despite submitting tax records and other evidence to the agency as proof of legitimacy for a portion of the EB-5 investment that came from another business, Optimystick Eyewear Inc., Derya Kara didn’t meet her burden of showing that USCIS engaged in arbitrary and capricious decision-making, Judge Robert N. Scola Jr., of the U.S. District Court for the Southern District of Florida, ruled Tuesday.

“The ‘complete path’ of ...