John Doe v. Kirstjen M. Nielsen

Sykes, Circuit Judge.

Plaintiff John Doe seeks lawful permanent residence in the United States under the Employment-Based Immigration: Fifth Preference category ("EB-5"). This visa program requires applicants to demonstrate that they have invested or are currently investing capital in a "new commercial enterprise" within the United States. 8 U.S.C. § 1153 (b)(5)(A). To that end, Doe invested $500,000 in Elgin Assisted Living EB-5 Fund, LLC. That entity then loaned funds to Elgin Memory Care, LLC, so it could build and operate a memory care facility in Elgin, Illinois.

Despite this investment,…