Can I Apply for an EB-5 if I’ve Been Rejected by USCIS in the Past?

The US provides EB-5 green cards to investors to enhance foreign investments and economic growth in the country. The EB5 green card can give you, your spouse, and unmarried children under the age of 21 permanent residence in the US. You can enjoy the same rights and freedoms as other US citizens. Even after past rejections, you can still re-apply for this visa. 

What Is EB-5?

EB5 is an immigration program meant to boost the economy and enable immigrants to gain legal permanent residency in the US. To qualify for the program, you need to invest $1.05 Million into the US economy and create at least ten full-time jobs for American workers. The minimum capital requirement reduces to $800,000 if you invest the funds in a Targeted Employment Area (TEA)—an area considered rural or that faces high unemployment. 

Your application for the EB-5 green card can be approved, rejected, or denied. If approved, you’ll get a conditional green card. This can become a permanent green card after the USCIS verifies that you’ve invested the required capital and created jobs. 

EB-5 Rejection Vs. Denial

It’s easier to apply for an EB-5 if you’ve been rejected in the past than if your application has been denied. A denial is issued if the USCIS fully assesses your case and determines that you don’t qualify for the program. Your application may be denied if:

  • USCIS finds that you’ve not invested the minimum capital required 
  • You’ve failed to ascertain that the money you plan to invest is under your total control
  • You’ve failed to prove that the money is lawfully sourced
  • Your business plan doesn’t include the eventual hire of at least 10 US citizens 

If denied for these reasons, you can file a motion to reopen, reconsider your case, or appeal the USCIS’s decision. 

A rejection differs from a denial because it occurs before the USCIS fully evaluates your case. Here are some reasons for rejection:

  • Missing information on your petition 
  • Missing documents
  • Failing to file the necessary fees
  • Providing information that isn’t accurate or consistent 

When the USCIS rejects your case, they don’t check whether you’ve invested the necessary funds or your plans to create employment. They send your documents back so you can correct your mistakes and refile the application. 

You need to fill out the correct forms and provide the right information. File your case using the required investment amount. Attach all the necessary documents and send your application to the right USCIS address. This can improve your chances of success on your second submission. 

Can You Apply for an EB5 Green Card if the USCIS Rejects or Denies Your Applications for Other Visas? You can apply for the EB5 green card even if your application for other visas has been rejected or denied. Rejections are easier to deal with than denials because they result from simple issues like improper filing. You can get a green card if you follow all the

guidelines issued by the USCIS regarding EB-5 applications. 

You may need to hire legal counsel for help dealing with past denials. Be open about the reasons for past denial before reapplying for a green card. They can affect your recent application approval. Issues that can affect the success of your EB5 approval include material misrepresentation on past visa applications, a criminal history, questionable moral character, and fraud. 

Can Your Application for a Permanent EB-5 Green Card Be Rejected?

The USCIS grants a conditional EB-5 green card for two years, after which you can petition the removal of the conditions attached to the green card. Your petition can be approved if you file it within 90 days before the end of the two-year conditional duration. The USCIS requires you to have created jobs before approving permanent residency. Your petition can only be accepted if you meet the requirement.

USCIS may need you to file a new application if you make material changes to the project you invest in between the first EB5 application and the condition removal petition. This is because they may consider the new project a new investment.

You can improve your chances of success by working with an EB-5 regional center. They can confirm your investment complies with EB5 capital and job creation requirements. Regional centers work with economic development agencies to identify viable investment opportunities. 

You Can Apply for an EB-5 After Past Rejections 

An EB-5 green card can give you and your family lawful entry into the US. You can apply for your green card after past rejections. You’re more likely to succeed if you fill out the proper forms, provide all the required documents, pay the necessary fees, and meet EB-5’s capital and job creation requirements. Investors can also apply for a green card after the denial of other visa applications, depending on the reason for the denial.

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