D.C. Court Voids State Department Visa Freeze for 1 EB-5 Investor From 75 Countries
Updated
Updated · EB-5 Insights · Aug 21
D.C. Court Voids State Department Visa Freeze for 1 EB-5 Investor From 75 Countries
3 articles · Updated · EB-5 Insights · Aug 21
Summary
July 31's ruling ordered the State Department to re-adjudicate a Brazilian EB-5 investor's immigrant visa case after finding its public-charge-based processing freeze unlawful as applied to him and his family.
The freeze, announced Jan. 14, halted immigrant visa processing for applicants from 75 countries and told consular officers to issue Section 221(g) refusals even when no other ineligibility was found.
The plaintiff had invested $500,000 in an Arizona hotel project in 2018, won approval of his EB-5 petition, and saw his scheduled consular case stalled while battling advanced, incurable cancer.
Relief was limited to the plaintiff, his wife and two daughters; the court did not strike down the policy nationwide, and officers may still seek more evidence or deny the case on lawful individualized grounds.
The decision could aid other lawsuits challenging the freeze, but broader public-charge scrutiny is still expanding, with a DHS final rule taking effect Sept. 15 for adjustment-of-status cases.