The United States EB 5 Visa, employment-based fifth preference category or EB-5 Immigrant Investor Visa Program was created by the Immigration Act of 1990.
The program offers many benefits, which made the program very popular among affluent aspiring immigrants.
One benefit of the program is that it doesn’t require any particular education level or occupation.
But what does that mean?
You don’t need a sponsor or self-petition to qualify for the program. Hence, it renders a Permanent Labor Certification unnecessary.
According to the United States Department of Labor, A permanent labor certification issued by the Department of Labor (DOL):
“Allows an employer to hire a foreign worker to work permanently in the United States.”
Further, The Department of Homeland Security (DHS) released New Rules regarding priority date retention.
The result: A shorter waiting time to acquire the EB5 than any of the other employment-based visa programs.
However, even with all these advantages, many investors face EB-5 denials. In this article, we’ll address this scenario.
“You don’t need a sponsor or self-petition to qualify for the EB5 program.”
Let’s begin by understanding the common reasons for EB 5 denials.
Common Reasons for EB-5 Denials
Below are some of the most common reasons applicants face rejections of EB-5 petitions. If you’re planning to apply for an EB5 visa, be careful to avoid the following mistakes.
- Filing an incomplete petition with certain information missing on the form
- Submitting a petition without all the requisite documents like a copy of your birth certificate or the passport
- Failure to file the proper fees at the correct places
- Providing inaccurate or inconsistent information
- Investing insufficient funds in EB5 projects
- Making investments in ineligible EB 5 visa projects
- Failure to provide a lawful source of funds
- Inability to demonstrate that you had full control over the money
- Lack of a concrete business plan that shows how you intend to meet the employment creation criteria for US citizens
What to Do In Case of an Eb-5 Denial
The above information will help you avoid denials and can come in handy when you’re preparing to file an EB5 petition. But, what about those who have already filed a petition and received a rejection or denial?
What are the solutions available to them? Can the decision be reversed or challenged? How can you file a motion to reconsider?
When you get an EB-5 petition denial, USCIS will send you a denial notice. Read this notice thoroughly. USCIS states the reasons for the rejection and the recourses available to you at that point. Consult with your immigration attorney and look at the options available to you. Work with your legal advisor and select the best course of action.
Usually, there are several options available to you, such as filing a legal motion, filing an appeal, making a new application, and even considering other immigration alternatives. Let us take a brief look at each.
Filing a Legal Motion
You can file a motion to request the evaluating officer who processed your EB 5 visa petition to reopen or reconsider your application. A motion to reopen is filed when you have new substantial evidence that has the potential to sway the decision in your favor.
On the other hand, a motion to reconsider is filed when the officer made an incorrect decision based on the legal evidence provided. Under the second option, you must prove the officer made an erroneous judgment. And this requires an attorney with in-depth knowledge of the EB-5 immigration laws and statutes.
Filing an Appeal
Based on the nature of your EB-5 denial, you may be able to file a new application. For example, suppose your application was denied because the sum was invested in an ineligible project. You are likely to be successful if you can file a new application once you have made the necessary investments in eligible EB-5 projects like The Allen.
When dealing with an EB-5 petition denial, it is essential to work with an experienced EB-5 attorney. Speak with our immigration experts to increase your EB-5 petition success rates today.
Consult Experienced EB 5 Visa Attorneys at Houston EB5 Today!
If you have any questions about the EB 5 denials, call our experts for more details and clarification. Reach us at 1-281-545-7943 today!
Dealing with an EB-5 Petition Denial | Houston EB5 – Houston, TX