Two plaintiffs ask: USCIS, does cash mean cash?

Two Plaintiffs have filed a lawsuit seeking injunctive and declaratory relief and a request for Class Action certification alleging USCIS improperly denied their I-526 Petitions finding the investment of loan proceeds was indebtedness unsecured by the Petitioner's assets.

This lawsuit follows on the heels of the USICS' (change in policy) announcement on April 22, 2015 stakeholders' call that USCIS would treat all investments of loan proceeds as indebtedness that must be secured by a Petitioner's personal asset.

This lawsuit is likely to be settled given the USCIS' retroactive application of a new policy (which may or may not amount to proper statutory interpretation) thus depriving practitioners and future investors of clear guidance on this issue.

This EB-5 Lawsuit was filed in United States District Court for the District of Columbia on June 23, 2015.

zhang_v_uscis_15-cv-995.pdf
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