By 
Just as with any other visa program, applying for an EB-5 visa does not guarantee one will receive it. For any investor or potential investor, one of the most pressing concerns will be the likelihood of their EB-5 application’s approval. While diving into the bureaucracy of immigration filings may seem intimidating, the vast majority of EB-5 applicants are approved, and with the right guidance your approval will be a foregone conclusion.
THE APPROVAL PROCESS
As you might already know, the first hurdle a potential Investor must face is the form I-526 application. After applicants have identified a new commercial enterprise (NCE) in America they plan to invest in they can begin the process of filing an I-526. The I-526 is the application to receive an EB-5 visa, and as such, it requires applicants to pass USCIS scrutiny. USCIS requires that applicants provide evidence that: (i) the NCE exists and will create jobs; (ii) that the applicant is invested in the NCE and will be involved in its management; and, finally (iii) that all of the applicant’s funds have been legally sourced. Many applicants choose to file their petition through a regional center, commercial entities which pool EB-5 Investors funds for commercial projects. Regional Centers can help Investors navigate through the EB-5 application process and its requirements. Additionally, applicants would be wise to hire an experienced immigration attorney who can ensure they will meet the standards for the I-526.
APPROVAL STATISTICS
So once a potential investor has filled out and filed all the requisite paperwork for their I-526 how likely are they to be approved? While approval rates have varied over the years, historically USCIS has approved the vast majority of applications, with an average approval rate of 82.9% since 2008. Furthermore, applicants who choose to go through a trusted regional center are even more likely to be approved, with many regional centers able to demonstrate a 90+% approval rating for their investors.
After an Investor’s I-526 is approved, the Investor will receive their EB-5 visa, which grants them a conditional two year green card. In order to meet the requirements to lift the conditions on this green card an Investor must be able to prove their NCE created at least 10 American jobs. Provided they have met this requirement, Investors can file a form I-829 petition to lift the conditions on their green card. As one might expect, the I-829 is a complicated form with its own evidence requirements. Once again, applicants would be wise to consult with an experienced immigration attorney to help guide them through the process. While like any application, there is a chance the I-829 can be denied, however this is extremely rare. Since 2013 USCIS’ lowest approval rate in a given year was 90%, and it has approved 96% of I-829 petitions in the last 5 years.
All things considered, potential investors need not fear that the work put into their EB-5 application will be wasted and result in rejection. Data shows that USCIS approves the vast majority of applications, and with proper guidance from an experienced immigration attorney, investors can all but guarantee that their application will be approved.
Comments