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Kurt Reuss

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Securities broker

Appeals court rules that investor family members do count against 10,000 annual visa quota

The D.C. Circuit court upheld a March 2020 district court decision that the family members of EB-5 investors do indeed count against the 10,000 visas the program is given each year. The three-judge panel stated it would “require clearer legislative direction” to make such a momentous change.The judges ruled, much to the disappointment of not only the plaintiffs but investors across the world, that the counting of family members was indeed the intent of Congress when it created the EB-5 program in 1990."In matters of immigration policy, where deference to the political branches is high, we require clearer legislative direction than just the relocation of unaltered statutory text before adopting a reading of the statute that [affects] the type of sweeping and monumental change in immigration policy that the plaintiffs' reading of the statute would cause," wrote Circuit Judge Justin R. Walker."When an investor gets an investor visa, the investor's family members get that same kind of visa," declared the panel. "And because they get the same kind of visa, the investor's family members also count against the investor visa cap.”