Mirror Lake Village, LLC v. Wolf, No. 19-5025 (D.C. Cir. 2020)Annotate this Case
Five foreign nationals who each contributed $500,000 to Mirror Lake, a new commercial enterprise set to construct and operate a senior living facility, sought to obtain lawful permanent resident status under the EB-5 immigrant-investor program. The USCIS denied the EB-5 visa petitions on the stated ground that none had made a qualifying investment.
The DC Circuit held that USCIS's denial of the EB-5 immigrant-investor visa petitions were arbitrary and capricious because the agency failed to offer a reasoned explanation for its denials. In this case, plaintiffs put their capital at risk because the redemption of their investments is dependent on the success of the business. Therefore, USCIS's decision to deny the visas on the purported ground that the investments are not at risk at all is neither reasonably explained nor supported by agency precedent. The court reversed and remanded with instructions to set aside the denials of the EB-5 petitions.