UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA XIAOBING LIU et al., Plaintiffs, v. Civil Action No. 21-629 (TJK) ANTONY J. BLINKEN et al., Defendants. MEMORANDUM OPINION Plaintiffs, a group of Chinese citizens seeking to immigrate to the United States through the EB-5 Immigrant Investor Program, sue the Secretary of State, the State Department, and a series of unnamed government officials, alleging that Defendants are unlawfully refusing to schedule their visa interviews and delaying the adjudication of their applications. Plaintiffs also seek preliminary injunctive relief, noting that the potential expiration of the EB-5 Regional Center Program means that, unless their visa applications are adjudicated promptly, they could lose their opportunity to immigrate under the program altogether. Defendants oppose the motion and have moved to dismiss for lack of subject-matter jurisdiction and failure to state a claim, or in the alternative, for summary judgment. For the reasons explained below, the Court will grant Defendants’ motion to dismiss and deny Plaintiffs’ motion for a preliminary injunction because they have not shown a likelihood of success on the merits. Background A. The EB-5 Program and Regional Center Program Congress created the EB-5 Immigrant Investor Program when it passed the Immigration Act of 1990, Pub. L. No. 101-649, § 121(a), 104 Stat. 4978, 4989. The program allocates visas—in a number not to exceed 7.1 percent of all visas—to aliens “seeking to enter the United States for the purpose of engaging in a new commercial enterprise.” 8 U.S.C. § 1153(b)(5)(A). To be eligible for the program during the timeframe relevant to this lawsuit, an alien must have invested $1,000,000 in an enterprise, or $500,000 in a “targeted employment area.” Id. § 1153(b)(5)(C). Congress later established the Regional Center Pilot Program which relaxed certain EB-5 requirements for investments made through a geographic-based Regional Center. See Pub. L. No. 102-395, § 610, 106 Stat. 1828, 1874. Congress has reauthorized the program more than twenty times since its inception and removed the “pilot” designation in 2012. See Pub. L. No. 112-176 § 1, 126 Stat. 1325 (Sept. 28, 2012). The Regional Center Program’s latest expiration date is June 30, 2021. To obtain lawful permanent resident status through the EB-5 program, an alien investor must file a Form I-526 petition with the United States Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security. 8 C.F.R. §§ 204.6(a), (c). If USCIS determines that the alien investor meets the EB-5 requirements, it will approve the petition. See Nohria v. Renaud, No. 20-cv-2085 (BAH), 2021 WL 950511, at *2 (D.D.C. Mar. 14, 2021) (describing I-526 process). With an approved I-526 petition in hand, the alien becomes an “employment-based immigrant” under the EB-5 statute. 8 U.S.C. § 1154(a)(1)(H). An approved I-526 petition “makes a petitioner eligible for a visa, but does not automatically provide a visa.” Nohria, 2021 WL 950511, at *2. The immigrant, if outside the United States, must still apply for and obtain an immigrant visa from the State Department at a consular post abroad. See …
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