Getting a denial on your EB 5 visa can be disheartening, but it doesn’t have to be the end. Denials can happen for a variety of reasons, so learn why your application was rejected. Depending on the reason for the denial, you have different options to consider. Here are a few steps to take:
1. Read the Denial Notice
Understanding the denial is the first step toward taking action. The notice should clearly outline the reasons for the denial and some resources you can use to understand your options. If you can have trouble understanding the notice, seek help from an attorney or an EB 5 regional center.
Once you know the reason for denial, you’ll be able to decide what the best course of action is.
Common Denial Reasons
Application refusals are split into two categories: rejections and denials. Rejections deal with application errors, while denials involve eligibility.
Common rejection reasons include:
- Missing or inaccurate information
- Missing forms
- Delayed fee payment
Common denial reasons include:
- The investment amount wasn’t enough
- You didn’t provide a business plan
- You invested in a non-eligible project
- There was no documentation proving the legal source of funds
The reason behind the rejection will determine how you move forward. Regardless of whether you face a rejection or a denial, you have options available.
2. Seek Professional Support
An immigration specialist may be the best way to determine how to handle an EB 5 visa denial. You can seek out an immigration attorney to help you review your application and decide which approach has the highest chance of success. An attorney will have experience with denials and know what your options are and which one best suits your specific case.
If you worked with an EB 5 regional center, you can also inform them of the denial. They may be able to help you with your next steps. Even if you simply need to fix informational errors, having professional support can ease the frustration and help make sure your second attempt is successful.
3. File a Motion or Appeal
Filing a motion can be useful in two scenarios:
- You have new information that may influence the decision. This could include new documentation about your investment funds that show their legal source or that you had legal control over them.
- You firmly believe the wrong decision was made. To file a motion under this idea, you must have a strong argument for why your application should have been accepted.
The reason for denial will determine whether either of these options is right for you. Your chances of success may also improve if you take these steps with the help of an immigration professional.
An appeal can be made before or after a motion depending on the case. When you file an appeal, the case is brought before a third party, usually the Administrative Appeals Office. The third-party reviews the case and decides whether to uphold the decision or overturn it.
4. Refile Your Application
In certain cases, you may be able to fix the issue and refile it with success. Refiling can be a great option for rejections when you only to need fix clerical information. You may also be able to refile in cases where you invested your funds in a non-qualifying project. Investing in a new project and resubmitting the application may lead to success.
If you want to refile your EB 5 visa application, you can work with an EB 5 regional center. They have extensive knowledge of and access to qualifying projects and can help you fine-tune any other areas of your application for the best chance of success. Many regional centers have decent success rates, so you can resubmit your application with greater confidence.
Get Help With Your EB 5 Visa Denial
If you’ve tried filing a motion and resubmitting your application with no success, you may need to pursue a different immigration option. Working with an immigration attorney or EB regional center after a visa denial can improve your chances of future success. They can help you understand the denial and choose the best path forward.
Choose an immigration professional with a high visa approval rate, as they’ll know the best investment projects and all the information and documents you need.