When the United States Citizenship and Immigration Services (USCIS) rejects an application, it does not mean the case was denied. If USCIS rejects a case, the petitioner must correct the existing mistakes before the agency can review the application. 

Read on to find out what situations can lead to an EB-5 rejection. 

Can EB-5 Be Rejected? – Full Walkthrough 

Different issues may lead to the rejection of an EB-5 application. USCIS may reject an application due to one or multiple mistakes, including incorrect fees, forms not properly signed, and incorrect forms. 

Any applicant with a “Case Rejected” status on an EB-5 application must act as soon as possible to fix the existing mistakes. The best strategy is to consult with an expert immigration attorney to review the forms and supporting documentation thoroughly. 

Improperly Filed Application  

If a foreign investor sends an EB-5 petition to the wrong USCIS location, USCIS will deem the application “improperly filed.” The correct location to file with USCIS depends on the application’s residence and the forms used in the petition. 

The “improperly filed” status may also apply to situations where the petitioner files the wrong application for one’s case.  

Use of Outdated Forms  

An elementary aspect of applying for a visa with USCIS is submitting the correct forms. The agency eventually updates its forms, which results in rejection for applicants who do not use the most form for each specific visa. 

To avoid this unpleasant situation, USCIS provides this information on Form I-526 (Immigrant Petition by Standalone Investor) under “Edition Date” 

Failure to Pay the Applicable Fees  

Visa applications generally require a filing fee. Failing to pay the applicable fees results in the rejection of an EB-5 application in different situations, such as: 

  • Using a payment check not dated within the previous 365 days of filing 
  • Submitting a payment check with insufficient funds in the account 

USCIS offers several payment methods that applicants can use to pay filing fees, including money orders, cashier’s checks, debit cards, or credit cards.  

If an applicant submits a fee but the amount is not correct, USCIS will also reject the application. In such cases, the applicant must re-submit the petition and include the correct fee.  

Can EB-5 Rejected? – New Regulations on Combined Fees  

In the past, petitioners could submit a combined fee payment when filing the EB-5 and adjustment of status forms concurrently. With the introduction of recent changes to EB-5 applications, USCIS stopped accepting a single fee payment for different forms.   

For example, if an EB-5 applicant files Form I-526 (Immigrant Petition by Standalone Investor) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently, the applicable fees must be paid separately.  

The same rule applies to Form I-526 and Form I-526E (Immigrant Petition by Regional Center Investor). 

It is possible to combine the fee payment for Forms I-485 (Application to Register Permanent Residence or Adjust Status), I-131 (Application for Travel Document), and I-765 (Application for Employment Authorization). 

Ensure a Successful EB-5 Application with USCIS – Immediately Seek Expert Legal Guidance 

Facing rejection when applying for an EB-5 visa with USCIS leads to a stressful and expensive situation. Whether you are applying for the first time or not, contact Immigration Attorney Romy B. Jurado by calling (305) 921-0976 or emailing [email protected] to avoid rejection on an EB-5 application.

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