Unsecured Loan EB-5 Class Action Lawsuit: Potential Members Can Now Have Their Denials Reconsidered By USCIS

By February 13, 2019February 22nd, 2021EB-5 Visa, Immigration, Investor Visas

Zhang v. USCIS is a November 2018 Class Action Lawsuit that challenged USCIS’ denials of EB-5 investment petitions that had investment funds sourced solely from unsecured loans.  The EB-5 program, also known as the Million Dollar Green Card, allows investors to obtain a green card if they invest either $900,000 or $1,800,000 in business or projects that will create 10 full time jobs. To learn more about the program, please click here.

The DC District Court ruled in favor of Zhang and vacated these denials and ordered USCIS to reconsider the petitions. Now, based on this decision, USCIS is accepting potential class members who believe that they have received a Form I-526 denial based solely on the ground of unsecured loans to identify themselves to potentially have their case reconsidered.

To contact USCIS, please email USCIS.ImmigrantInvestorProgram@uscis.dhs.gov, using the subject line “Zhang Class,” and provide the following:

  1. Name
  2. Alien Number (if any)
  3. Date of birth
  4. I-526 receipt number (if available)
  5. Date of I-526 denial
  6. Copy of I-526 denial (if available)

Please note that successful identification as a potential class member is subject to USCIS verification and decision. This does not guarantee that your case will be reconsidered or that it will be approved. This also does not grant any immediate rights. This decision is also currently under consideration for appeal.

To find out more about the new rules or other investor visas, contact Scott Legal, P.C.


Ian E. Scott, Esq. is the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at info@legalservicesincorporated.com.

This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.


  • Damasus Nwachukwu says:

    I plan to come up with $250,000 while my business partner would also bring $250,000 to combine and apply for EB5 green card. We are only business partners. Would both families qualify for the EB5 green card, or must we invest $500,000 separately?

    • IanScott says:

      Thank you for contacting us. We appreciate your business and look forward to helping you. Please find attached a link that you can use to set up a 30 minute ($150) or 1 hour ($250) consultation. The system allows you to select a lawyer and a day and time that is convenient to you. If you end up hiring the firm and your bill is greater than $2,500, we will apply this consultation fee to your final bill. Please reach out if you have any questions.


      Kind regards,

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