Understand the Plan
Question and Answer
1. Will the government deny my visa if I sue?
No. The officer at the consulate who makes the final decision and issues the visa will not know you sued, and it is illegal in the United States for the government to punish people who sue it.
2. Who will benefit from this lawsuit?
EB5 investors who filed in 2016 and 2017 will benefit directly. Those who filed in 2018 will benefit indirectly.
3. What is the timeline?
We plan to file the case on or about August 1, 2022, and seek immediate relief.
4. What is the legal argument?
Every year thousands of EB-5 visas go wasted because the State Department assigns and uses the EB-5 visa only at the interview when it issues the EB-5 visa. This limits the number of EB-5 visa numbers that get used by the number of interviews that the consulate can schedule in any one-year period. But the law requires the State Department to assign and use the EB-5 visa at the time your approved Form I-526 arrives at the NVC, not when the consulate issues that visa. If the State Department followed the law, this would ensure no visas are wasted. In the 2021 Fiscal Year 15,567 EB-5 visas were wasted because of this erroneous allocation system.
5. What are we asking for?
We will ask a court to order the State Department to assign all EB-5 visa numbers that are available to Chinese investors now. This means your case will immediately become “current,” and you will be eligible to submit your documents to the NVC, to get an interview, and then you can get your EB-5 immigrant visa.
6. Will we win?
There are no guarantees. But if we do nothing, your wait will get longer. We believe now is the best time to sue because State Department wasted 15,567 visas last year and is about to waste another large number this Fiscal Year ending September 2022. Last year a historic number of EB-5 visas were wasted, and with the new EB-5 visa law setting aside 32% of the annual allocation, this will slow down the visa line by one third longer and cause even further delay to Chinese EB-5 investors who have waited so long. Also, the Biden administration is in favor of immigration for now, and we need to act now to save these visas.
7. What do you have to do?
We need to collect basic information about the principal investor and their family, the initial NVC receipt, and copies of your passports’ biographic pages. You will not be expected to show up for any hearings. We will setup a WeChat group for all Plaintiffs to communicate during the case.
8. Since many investors are in US, if the litigation wins, can they file form I-485 adjustment of status in the U.S.?
Yes. They are welcome to join the lawsuit if they are in the U.S. and our lawsuit makes their visas “current” and they don’t have any immigrant intent issue, such as recently entering on a tourist visa, then they can also join and file an I-485 Adjustment of status application.
9. What is the total cost?
A single one-time payment of $3,500. This fee includes the cost of filing the lawsuit in two courts, pursuing appeals if necessary, and even pursuing review in front of the United States Supreme Court, if necessary.
10. How do I join this lawsuit?
To join waitlist or ask questions, please contact us at EB5LAWSUIT@Wolfsdorf.com.
Simply the Best
"It’s high time that the U.S. government fulfills its end of the bargain and allocates immigrant visa numbers to these individuals so they can obtain their conditional Green Card.”
-Bernie Wolfsdorf, Managing Partner, WR Immigration