Common Reasons For Denial

I-526E Denial: What are the Common Reasons?

Form I-526 (for single investor projects) and Form I-526E (for regional center projects) are the initial EB-5 petitions filed with USCIS. Denials can happen at different points in the process and for different reasons.

A denial can occur during the adjudication of an I-526 or I-526E petition, during the consular processing stage, or doing the adjudication of the I-829 petition.

Details of the I-526 or I-526E petition are more common than at the I-829 stage and often happen because of an issue with the investor’s source of funds or an issue with the investment project. I-829 details are most often related to a problem with fulfilling job-creation requirements.

It should be noted that denials are usually not final and may allow an investor to correct any errors that USCIS has with the petition. However, the denial at the consular processing stage would be due to an investor issue that then results in no issuance of a Green Card and no entry into the U.S.

An investor can appeal a denial with either USCIS or the Administrative Appeals Office (AAO).

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