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EB-5 Green Card Application Denial: What You Need to Know

The United States Citizenship and Immigration Services (USCIS) is responsible for reviewing applications from individuals seeking to live in the United States. One pathway to residency is the EB-5 program, which allows foreign investors to obtain a green card by investing in a U.S. business and creating jobs for American workers. If your EB-5 application is denied, it's important to understand what this means and what options are available to you.

Understanding an EB-5 Denial

When USCIS denies your EB-5 green card application, it means that after a thorough review, they've determined you don't meet the eligibility criteria for this visa category. Here's what you need to know:

1. Official Notification: USCIS will send you a notice explaining the reasons for the denial.
2. Fees: Your application fees will not be refunded, as they cover the cost of processing your application.
3. Next Steps: While disappointing, a denial isn't necessarily the end of your immigration journey. You have options to consider, including appeals and reapplications.

The EB-5 Application Process

During the application process, you may encounter various status updates, which you can check on the USCIS Case Status Online page (https://egov.uscis.gov/casestatus/landing.do), including:

• Case Was Received
• Request for Additional Evidence Was Sent
• Case Was Transferred
• Notice of Intent to Deny

It's crucial to understand that these statuses are part of the normal process and don't necessarily indicate a denial.

Denial vs. Rejection: Understanding the Difference

A case denial is different from a case rejection:

• Rejection: Usually due to errors in filling out forms or paying fees. You can correct these issues and resubmit without penalty.
• Denial: Occurs after full review, indicating you don't qualify for the EB-5 visa. This is more serious and may require legal assistance to address.

Forms Involved in the EB-5 Process

Depending on your situation, you may need to file various forms, including:

• Form I-526: Immigrant Petition by Standalone Investor (https://www.uscis.gov/i-526)
• Form I-485: Application to Register Permanent Resident Status or Adjust Status (https://www.uscis.gov/i-485)
• Form DS-260: For those applying from outside the U.S. (https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/ds-260-online-application.html)
• Form I-829: To remove conditions on permanent resident status (https://www.uscis.gov/i-829)
• Form I-130: For family-based green card applications (https://www.uscis.gov/i-130)

Options After a Denial

If your EB-5 application is denied, you have several options:

1. Appeal: File Form I-290B with the Administrative Appeals Office (AAO) (https://www.uscis.gov/i-290b). This process is complex and typically requires legal assistance.
2. Reapply: If your circumstances have changed, you may be eligible to submit a new application.
3. Explore Alternative Visa Options: An immigration attorney can help you understand other pathways to U.S. residency.

Seeking Legal Assistance

While it's possible to file an EB-5 application without an attorney, if your case is denied, it's advisable to seek legal help. An experienced immigration attorney can:

• Review the grounds for denial
• Assist with the appeals process
• Help you explore alternative visa options
• Guide you through reapplication if appropriate

You can find accredited immigration attorneys through the American Immigration Lawyers Association (AILA) directory (https://www.ailalawyer.com/).

Remember, each case is unique, and professional guidance can be invaluable in navigating the complex U.S. immigration system. For more information on the EB-5 program, visit the official USCIS EB-5 page (https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program).

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws and regulations may change, and individual circumstances vary. Consult a qualified immigration attorney for specific legal counsel. OpenSphere is a technology company, not a law firm, and is not affiliated with or endorsed by USCIS or any government entity.