I am a Mainland China-born EB-5 investor currently studying in the United States. In November 2019, I filed an I-526 petition. Following the implementation of the EB-5 RIA, other Mainland China-born investors filed I-526E and I-485 concurrently for the exact same project in late 2021. While these investors have already had their I-765 petitions approved and received their Employment Authorization Documents, I am still unable to file my I-485 and enjoy the same immigration benefits. I believe this situation is unjust, as those who filed their I-526 petitions later than I did are now able to benefit from the immigration process sooner. I have also learned about the ongoing lawsuit of Behring Regional Center LLC v. Mayorkas et al., which has led me to question whether the USCIS policy that prevents old investors like myself from using the set-aside visas might be a misinterpretation of the law. Given my circumstances, do I have a viable case for filing a lawsuit against USCIS? What course of action would you recommend?
Answers
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYou could file a new I-526E and take advantage of the current EB-5 program rules. Litigation of this issue may or may not happen, but it will be a while before you can benefit.
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