Investors Win in EB-5 Case vs. USCIS

The Chiayu Chang, et al. vs USCIS court case was centered around the question of whether or not the USCIS acted in an “arbitrary and capricious manner when it declared plaintiffs ineligible for visas because their investments came with a “call option,” which gave the company in which they invested the choice to buy plaintiffs out.” The USCIS had rejected Chang’s Form I-526 Petition because of the “call option” but after review the court was not convinced that the call option was in breach of qualification for the petition because it did not qualify as a “debt arrangement” which are not allowed in current EB-5 regulations.

The court sided with the investors in this case and the Form I-526 petition will be reconsidered with a final decision to come in the near future.