There are several common reasons for EB-5 visa denials, including failure to meet the investment and job creation requirements and failure to maintain lawful nonimmigrant status during the application process, but the most common cause for denial is the inability to provide sufficient documentation to prove the lawful source of funds.
Other reasons may include misrepresentations or omissions of material facts in the application, ineligibility due to criminal history or national security concerns, and failure to follow USCIS procedures and regulations. It is important for potential EB-5 investors to understand these potential pitfalls and work with experienced professionals to help ensure a successful application process.
An investor can appeal a denial with either USCIS or the Administrative Appeals Office (AAO).
