EB5 Visa: What Causes Most Problems When Applying

The application for the EB5 visa petition for immigrant investors is complex and tedious. It is extremely important to keep track of all your forms and documents to ensure that it is filled out correctly.

It is recommended that EB5 applicants seek an experienced EB5 attorney to review the EB5 visa documents before submitting them. Cutting corners and filling out and filing documents on your own may lead to your petition getting denied. It is a costly and time-consuming mistake. In addition, while you can file multiple times, it may get increasingly harder to overcome the reasons for a denial.

The I-526 petition is: Immigrant Petition for Alien Entrepreneur. For requirements click here. 

The I-829 petition is: The I-829 is the form for removing the conditions on the residency requirement. It's how you receive unconditional residency status or green card status.

What are some issues that cause the most problems for EB5 visa applicants?

Here are some of the reasons why EB5 visa applicants get denied for their I-526 petition:

  1. The applicant could not show evidence that the investment will create the required number of jobs.
  2. The applicant made an improper official targeted employment area (TEA) determination.
  3. The applicant could not show evidence of lawful source of capital. The applicant must document their source of funds. Not all of the funds, but the initial $500,000 or $1,000,000 required. It is a time consuming process, but one of the biggest issues.
  4. The applicant could not present a sufficient business plan. Some forms will ask specific financial information about the new commercial enterprise. If you cannot answer the specifics, it is imperative that you seek an experienced professional.

Contact an experienced EB5 attorney before your I-829 petition is denied. Don't wait until the USCIS issues a denial or requests more evidence. Here are some of the reasons why EB5 visa applicants get denied for I-829 petition:

  1. The applicant must provide proof that the investment has created or is expected to create the required number of jobs within or near the two-years.
  2. Not fulfilling the capital investment requirements over the set time period.