TINGZI WANG vs U.S. Citizenship and Immigration Services

Filing Date:January 31, 2019

Case:Tingzi wang Vs. United States Citizenship and Immigration Services et al.

Jurisdiction:Federal District Court for the District of Columbia

Status:Resolved

Civil / Criminal:Civil

Breach of Contract

Plaintiff Tingzi Wang, a Chinese national, sought a visa for entry into the United States through the EB-5 Immigrant Investor Program, which grants legal resident status to qualified foreign nationals that invest capital in a new commercial enterprise. Wang applied for the visa based on his million-dollar investment in a Florida restaurant, for which he received an equity stake. Wang claimed that his investment was fully “at risk” as required by the EB-5 regulations. However, the United States Customs and Immigration Services (USCIS) denied his petition because his investment agreement included a guarantee that the other restaurant owners would purchase his stake whenever he wished to end his investment, thereby returning a portion of his capital to him. This sell option, USCIS concluded, eroded his capital contribution below the minimum amount required to be “at risk.” This case is about whether USCIS reached that determination lawfully. Before the Court are the parties’ cross-motions for summary judgment. For the reasons explained below, the Court will grant Defendants’ Amended Cross-Motion for WANG v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES et al.