Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

Missing requirements for an EB-5 Visa could leave you in denial

On Behalf of | Oct 23, 2019 | Immigration |

You’re investing big in your bid for an EB-5 Visa, in both time and money. If you don’t make sure you’ve met all the requirements, you could end up looking at a costly hit.

The EB-5 can be a great path to a visa since there are no education or employment requirements and you don’t need a sponsor. It’s up to the U.S. Citizenship and Immigration Services to make sure you qualify, and missing the mark could mean they’ll deny your application.

Withholding judgment

Denials can happen for several reasons:

  • Minimums not met: An EB-5 requires that you invest $1.8 million, or $900,000 in an eligible area, an increase in the amount that has been in place for nearly 20 years. If you come up short, you’ll likely receive a denial.
  • Paper trail: You’ll need to prove the money you are investing is yours, is enough to keep your business going and that you didn’t obtain it illegally.
  • Business plan: Your business plan will have to outline how you’ll create the required number of jobs. If you don’t make it clear, you might have to refile with clarification.
  • Past violations: You may face a denial if you’ve overstayed a previous visa, been convicted of a serious crime or have outstanding public costs.

An appealing turn

The paperwork you receive with your rejection will outline why the USCIS turned your application down. You’ll then have several options to turn the ruling around:

  • Filing a motion with the officer that processed your evaluation
  • Appealing your case before the Administrative Appeals Office
  • Refiling after conditions are met or clarified

Make sure your application meets the requirements or stand ready to go through the process of setting things right. Don’t pay a high price for coming up short on an already big investment.




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