Chinese investors & Taiwanese investors & Investors from Hong Kong vs U.S. Citizenship and Immigration Services
Filing Date:May 27, 2015
Case:JOHN DOEs 1-72, Vs. USCIS
Jurisdiction:Federal District Court for the District of Columbia
Civil / Criminal:Civil
Denial of petition
Dozens of Chinese investors who poured millions of dollars into an Idaho mining operation have filed suit against U.S. Citizenship and Immigration Services, alleging the agency unfairly determined the money wasn’t “at risk” and denied their investor visas. In a complaint filed Monday in Washington, D.C., federal court, the plaintiffs — identified only as John Does 1-42 — accuse USCIS of arbitrarily and capriciously determining that their $500,000 investments weren’t at risk because of a redemption option in their agreement with Quartzburg Gold Company LP.
Exhibit D to Amended Complaint
ISRC CEO's letter to USCISQuartzburg_Gold_LP_ISRC_Letter_to_USCISpdf.pdf
COMPLAINT FOR DECLARATORY RELIEF
Case details between Investors and USCISQuartzbrg_Gold_Amended_Complaint.pdf
Quartzburg CEO replies to USCIS
Details on 5 points raised by USCISQuartzburg_Gold_LP_Idaho_Attorney_Letter_to_ISR...
MEMORANDUM IN SUPPORT OF DEFENDANTS’ CROSS-MOTION
MEMORANDUM IN SUPPORT OF DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT ON THE ADMINISTRATIVE RECORD AND OPPOSITION TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENTjohndoes1-53v-160501003401.pdf
APPEAL OF IMMIGRANT INVESTOR PROGRAM OFFICE DECISION
The Petitioner seeks classification as an immigrant investor pursuant to Immigration and Nationality Act (the Act) section 203(b)(5), 8 U.S.C. § 1153(b)(5). This fifth preference (EB-5) classification makes immigrant visas available to foreign nationals who invest the requisite amount of qualifying capital in a new commercial enterprise that will benefit the United States economy and create at least 10 full-time positions for qualifying employees. The Chief of the Immigrant Investor Program Office denied the petition. The Chief concluded the Petitioner did not establish that the new commercial enterprise (NCE), will create at least I 0 full-time positions for qualifying employees. The Chief also noted that the submitted business plan was neither comprehensive nor credible. The Petitioner subsequently filed a motion to reopen which the Chief also denied, finding that a revised business plan submitted with the motion to reopen, and dated after the denial, constituted an impermissible material change to the original filing. The matter is now before us on appeal. The Petitioner does not submit additional evidence or an appellate brief to support her appeal.NOV032016_01B7203.pdf
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