Various reasons exist for an EB-5 petition denial. The simplest of mistakes or oversights can end the most promising and potentially successful business enterprises. As with anything related to visas, attention to detail is paramount to ensure enough money is going towards a qualifying project.
Specifically, EB-5 investors must devote $900,000 to a targeted employment area project. For non-targeted employment areas, the maximum investment doubles to $1.8 million.
Attention to Detail is Paramount
The devil is in the details, and it seems those details are being overlooked. A lack of due diligence by EB-5 investors may have played a role in the steep decline of approved applications. USCIS-approved regional centers numbered more than 800 from 2016 to 2018. Yet, by September of 2020, that number dropped to 685.
Petition delays and denials can also result from incomplete submissions. At best, a final decision is put on hold while a Request for Further Evidence (RFE) is requested. Applicants should also know that health issues, security-related problems, and criminal connections could make an applicant ineligible.
More serious issues can lead to not only denial but also a permanent ban. Deliberate misrepresentation of facts or outright fraud can end a business pursuit in an instant. Submitting inaccurate, inconsistent, or outright omitted information or using funds that come from unlawful sources can carry catastrophic consequences.
Whether it involves the initial application, appeal, or identifying alternative options, the first step EB-5 applicants should take is securing the services of a seasoned immigration attorney with comprehensive knowledge of this complex aspect of immigration law.