Jain

I. BACKGROUND

A. EB-5 Immigrant Investor Visa Program

2 The EB-5 immigrant investor visa program provides a path for immigrant investors and 3 their family members to obtain lawful permanent residence in the United States if they invest in 4 new commercial enterprises (“NCEs”) that create full-time employment for at least 10 U.S. 5 workers. 8 U.S.C. § 1153(b)(5). If a non-citizen investor chooses to invest in an NCE in a 6 “targeted employment area,”2 he or she must invest at least $500,000. 8 U.S.C. § 1153(b)(5)(C). 7 Currently, most EB-5 petitions involve investments in NCEs associated with a “Regional 8 Center.” Dkt. No. 27-3, Ex. J, Congressional Research Service Report on the EB-5 Immigrant 9 Investor Visa (updated January 26, 2021) (“CRS Report”), at 7. Multiple investors may invest in 10 the same Regional Center NCE, and they may satisfy the employment creation requirement by 11 establishing that the investment will create a sufficient number of jobs indirectly, as demonstrated 12 by accepted, reasonable methodologies. See 8 C.F.R. § 204.6(m)(7)(ii). 13 The Regional Center NCE program is temporary, and its continuation requires 14 reauthorization by…