BIG! The outstanding lawyers at Kurzban Kurzban Weinger Tetzeli & Pratt P.A. filed a lawsuit today challenging the illegal counting of spouses and minor children of EB-5 investors against the green card limits. This would TRIPLE the # of investors businesswire.com/news/home/2018…
I contributed an expert affidavit in the case on the effects that this would have on the backlog of green cards for EB-5 investors. The backlog of approved I-526s is almost entirely due to the government's illegal practice object.cato.org/sites/cato.org…
I uploaded the complaint, which tracks many of the arguments that I have made about the government's duty to not count spouses and minor children except in cases where the statute includes them object.cato.org/sites/cato.org…
It uses the quotes that I mention in this post about how members of Congress explicitly stated that they believed 10,000 investors would receive green cards, NOT counting their spouses and children cato.org/blog/proof-gov…
It follows the arguments that I made in this post about how the changes in 1990 removed spouses and minor children from the immigration quotas cato.org/blog/has-gover…
While this lawsuit will not help those caught in the #GCbacklog in EB2 & EB3, there are a variety of reasons that starting with EB5 guarantees that the strongest argument will be heard.
For one thing, the backlog in EB5 is a very recent phenomenon, so the govt cannot argue that EB5 investors should have challenged the policy back in 1992. Moreover, the quotes from members of Congress on the issue in 1990 are much more explicit on EB5 numbers
Still, a win for EB5 will ultimately mean a win for EB2/3 because the same provision applies to them as to EB5. So this is a HUGE deal for all legal immigrants including those in the family backlogs.
