By Marko Issever

The central question in the EB-5 landscape concerns the mandate of the United States Citizenship and Immigration Services (USCIS) and the agency’s perception of such, which subtly impacts investor outcomes. Congress writes the law. Agencies implement it. But in the space between those two functions, something more complex takes shape: interpretation, discretion, and, at times, divergence. In the EB-5 visa program, that divergence no longer sits only between statute and regulation. It now appears more clearly, and with greater consequence, at the intersection of law and adjudication itself. Read More