LIGTT Regional Center vs U.S. Citizenship and Immigration Services

Filing Date:July 15, 2016

Case:LIGTT Regional Center v. USCIS

Jurisdiction:Federal District Court for the Western District of Missouri

Status:Pending

Civil / Criminal:Civil

Retaliation

As part of LIGTT’s petition for designation as a Regional Center, USCIS required LIGTT to submit various documents regarding its business and project plans, as well as various transactional documents. Among the transactional documents USCIS required LIGTT to submit was a Private Confidential Placement Memorandum (the “PPM”) that LIGTT is currently using to offer securities to qualified foreign investors. The PPM contains “business information” as defined by USCIS.

On February 8, 2016, LIGTT received notice of the USCIS’ receipt of a FOIA request for various documents filed in connection with LIGTT’s petition to become an EB-5 Regional Center. This request included the PPM. On June 30, 2016, after extended discussions with LIGTT regarding the disclosure of the PPM and related materials, USCIS mailed LIGTT a Notice of Intent to Disclose.

The PPM constitutes a trade secret, and contains financial, commercial and pricing information, return on investment projections, business plans, business operation projections, and other confidential and proprietary information. Disclosure of the PPM will cause substantial harm to LIGTT’s competitive position.

In light of USCIS’s decision to disclose the PPM, LIGTT seeks a declaration from the Court that the PPM is exempt from disclosure and preliminary and permanent injunctive relief consistent therewith to prevent the PPM’s disclosure.