A lawsuit has been filed in federal court against the government challenging its policy of requiring each EB-5 petitioner, as well as their spouse and children accompanying or following to join them, to obtain one of the 10,000 annual EB-5 visa numbers.  This case, brought by 455 Chinese EB-5 petitioners, challenges the one visa per person rule. I believe the theory of this case has merit, but the chance of success is small. This change is desperately needed to encourage additional investment and job creation.

EB-5 Visa Numbers

The Department of State has issued the September 2018 visa bulletin, the last for fiscal year 2018.  The visa bulletin says the China EB-5 category will continue to advance at a rate of about one week per month.  But it says the Vietnam quota will have “steady forward movement.”  This is good news for the Vietnamese EB-5 investors.  We will be watching the EB-5 Vietnamese quota in the first few months of the beginning of the fiscal year, which starts October 1^st, and report on how quickly the forward movement of the quota is progressing.