A D.C. federal court partly sided with a group of foreign nationals challenging a decision that rejected their petitions under the EB-5 visa program, finding Friday that some aspects of U.S. Citizenship and Immigration Services’ adjudication were “arbitrary and capricious.”
U.S. District Judge Colleen Kollar-Kotelly partly granted summary judgment to the plaintiffs, who are mostly Chinese citizens who submitted petitions with the agency for permanent residence under the EB-5 program. The program allows foreign nationals who invest at least $500,000 in a U.S. business to obtain green cards.
The investors had initially sued USCIS in 2015, claiming the agency arbitrarily decided their $500,000 investments in mines in Idaho and Montana were not at risk because of a redemption option in their agreement with Quartzburg Gold Co. LP.
On Friday the judge agreed with the investors that the agency’s adjudication of their applications was both arbitrary and capricious. Specifically, the court found the reasoning undergirding USCIS’ rejection of an initial group of petitions was arbitrary, as well as “counter to the evidence before USCIS.”
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