Chinese Investors Win Class Cert. In EB-5 Visa Cap Fight

This week, in the lawsuit against the U.S. Department of State challenging its policy of counting not only the EB-5 investor but also family members towards the annual 10,000 EB-5 visa cap, the judge has granted provisional class certification to the group of Chinese investors that brought the lawsuit. In general, this means that the court has temporarily agreed to hear the case on behalf the group of Chinese EB-5 investors, instead of requiring that each individual investor bring their own lawsuit. While this is not yet a decision on the merits of the lawsuit, we believe it is a positive step forward in the case.