You are here[HOT] Direct Individual EB-5 case -- Is it for you? / [HOT] Meeting the "at risk" requirement in a direct EB-5 case is tricky -- or confusing?
[HOT] Meeting the "at risk" requirement in a direct EB-5 case is tricky -- or confusing?
As the AAO and the federal district court decision for the same case show below, meeting the "at risk" requirement is tricky, and the federal district court in some sense side-stepped the primary issue of how to practically meet this requirement.
AAO Denial Decision: http://eb-5center.com/files/hakcohumaideb-5aaodismissalapr20200902b7203-...
Federal District Court (Northern Texas) Decision: http://eb-5center.com/files/humaidvroarkndisttx01262010eb-5-110320212859...
The denied EB-5 investor was mad enough at USCIS and/or AAO to file this federal court case. It almost seems like they knew they would lose at the AAO level but wanted to receive the denial so they could file a federal court action. But the federal court largely side-stepped the primary issue raised in the AAO in our opinion. Read the decision and judge for yourself.
Also attached is a federal district court upholding the "investment" in a denied E-2 change of status case.