EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 10

Class-Action Lawsuit Aiming to End the EB-5 Visa Backlog Class-action lawsuit offers hope to Chinese investors, claiming U.S. government’s miscount of annual EB-5 visas is a‘mistake in plain sight.’ By Ira Kurzban, John Pratt, Edward Ramos, and John Shen S ometimes, the worst mistakes are the ones that go unnoticed. According to one regional center, that truism accounts for the growing visa backlog that has crippled the EB-5 program. In a recent lawsuit in federal district court, American Lending Center (ALC) and thousands of Chinese investors represented in a class-action lawsuit by the law firm Kurzban Kurzban Tetzeli & Pratt argue that the U.S. government has been miscounting the limited annual supply of EB-5 visas. This mistake, they contend, is responsible for the EB-5 visa backlog. If their lawsuit is successful, it will substantially shorten the time that 10 EB5 INVESTORS M AGAZINE Chinese investors have to wait to immigrate to the U.S. based on their EB-5 investments. THE ORIGIN OF THE EB-5 BACKLOG V i s a b a c k l o g s d e ve l o p a t a n y t i m e d e m a n d fo r a par ticular categor y of visas outstrips supply. On the supply side, the law establishing the EB-5 program sets aside a fixed number of visas – just under 10,000 each year – reserved for EB-5 investors. Demand for these visas is driven by the total number of foreign nationals who make a qualifying investment in an EB-5 project and obtain approval of their I-526 petition. For the first