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  • Writer's pictureImran Mirani

EB5 And How To Avoid Rejection Or Denial

According to USCIS 'the US Citizenship and Immigration Services' statics 1,091 applications were submitted for an EB5 visa between October 2022 and March 2023, and this is already 30% more than year 2022 (829 applications submitted in 2022).

On the other hand 705 out of 1,384 process application were rejected (the reasons for the rejections are not disclosed).

For those who are considering moving to the US and conduct business there by investing, EB5 can be a right choice. EB5 'Employment-based fifth preference visa' Investor visa was created in 1990 by Congress to stimulate the economy through job creation for the US workers and capital investment by foreign investors, this visa category attracts high net-worth foreign investors “with no family or employment sponsorship in the US) for obtaining Parmanent Residence status, this visa catagory is a pathway to to the US Citizenship via Investment of $800,000 in TEA 'Targeted Employment Areas and Rural Areas' OR $1,050,000 elsewhere in a non-TEA zones.

Most of the investor applicants are not aware of the immigration laws, so preparing and processing the applicationb on their own can lead them to errors and mistakes that cost them time, effort, and money.

One thing all the investor need to know before starting their application is that all investors must be able to provide documentary evidence of funds that are to be invested (any funds in addition to the minimum amount usually do not require documentation).

Below are some of the reasons that may lead to rejection:

  • Lack of evidence for the source of funds,

  • Use of incorrect / old / outdated application forms,

  • Failing the compliance,

  • Failing to provide required documentations or missing information,

  • Information provided is inconsistent, does not match or is not accurate,

  • Filing up using the incorrect fees, or the fees were not filed to the right places,

  • Sending your application to a wrong USCIS address,

  • You have not invested the required amount of funds,

  • You cannot demonstrate that the money was yours to control and that it has a lawful source.

  • You do not provide a solid business plan that included the eventual hire of US citizens.

With so much at stake, it is important to consult an expert Investment Migration Advisor that will help you guide through the process and lead you to a successful application and you Green Card.

I have over a decade of experience assisting investors like yourself, and can schedule a call or in-person meeting to discuss and evaluate your application before you proceed a head on your own, a detailed consultation with a professional will help you avoid the rejection and or the denial.

Most people ‘even the advisors who recently joined the immigration industry’ get confused with rejection and the denial, while both have a huge difference. A rejection is when USCIS sees that you filed something incorrectly, or information is missing and this happens at initial stage before they review, at this stage USCIS sends the application back to applicant and does not cash the filing fees check because the application was never even filed for review. A denial is when USCIS fully evaluates your case, and basically determines that you do not qualify.

Feel free to book a meeting with the author that will help you answer all your queries and assist you take the next step towards global residency / citizenship.

About The Author

Head of RCBI / Business Migration


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