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Judicial decision favors previously denied EB-5 applicants

- Feb/2019

At the end of 2018, USCIS denied certain requests for EB-5 (investor) visas, in cases where petitioners/investors used loan interest for investments. As justification, those petitioners claimed that the loan interest was cash, not indebtedness, as the USCIS claimed.

Accordingly, two of these investors filed suit in federal district court in Washington D.C.; the case is named Zhang vs. USCIS, in reference to the name of one of the investors.

Ultimately, the court certified the Plaintiff “class” (thereby rendering Zhang a class action lawsuit), where numerous similarly situated investors, who also had their EB-5 visas denied, were allowed to join the suit.  The court rejected these USCIS visa denials and remanded the case back to the agency for further proceedings.  As a result, the decision in Zhang obligates the USCIS to consider loan proceeds/interest as cash, for purposes of EB-5 visa applications.

Please note that all requests for class action inclusion are subject to USCIS evaluation, and do not grant any immediate privileges until the fulfillment of requirements for the requested EB-5 visa is demonstrated.

If you have obtained a denial similar to the foregoing (I-526 denial), and believe that you qualify as a member of the Plaintiff class, send an e-mail to: ImmigrantInvestorProgram@uscis.dhs.gov, using the following title: “Zhang Class “.

The following data must be included in the e-mail:

  1. Complete name;
  2. Alien number (if any);
  3. Date of birth;
  4. I-526 number (if available);
  5. Date of I-526 refusal;
  6. Copy of I-526 refusal (if available)

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