When this goes to court (and I'm sure it will), the administration's argument will probably go something like this: Congress has authorized the administration to issue visas to people of "exceptional ability in business" -- see 8 U.S.C. § 1153(b)(2), for example. However, Congress did not specify how, exactly, the executive will ascertain that ability. The Trump administration believes that making a one million dollar investment in the U.S. demonstrates evidence of business ability, and is using this as a factor for issuing and prioritizing visas.
Come, come, my good sir! We all know that none of this matters at all, because if appealed up to the Supreme Court, they always rule in favor of President Trump. With all due respect, that's what matters in the case of President Trump, the Supreme Court will let him do anything. It doesn't matter what thin veneer of law is applied.
