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Common EB-5 Visa Application Mistakes and How to Avoid Them

Janessa Diaz

1. Insufficient Documentation of Lawful Source of Funds

  • Mistake: Failing to provide clear, complete, and traceable documentation proving that the investment funds were obtained legally.

  • How to Avoid:

    • Provide detailed financial records, including tax returns, bank statements, property sale records, and any other documents that demonstrate the legal origin of funds.

    • Maintain a clear path of funds from the original source to the final EB-5 investment account.

2. Incomplete or Inaccurate Application Forms

  • Mistake: Submitting Form I-526 or Form I-526E with missing information, incorrect data, or inconsistent details.

  • How to Avoid:

    • Review the application forms carefully before submission.

    • Double-check all information, including names, addresses, financial details, and project information.

    • Work with an experienced immigration attorney to ensure accuracy.

3. Choosing Non-Qualifying Investment Projects

  • Mistake: Investing in a project that does not meet EB-5 eligibility requirements, such as failing to create 10 full-time jobs for U.S. workers.

  • How to Avoid:

    • Carefully review the project’s job creation plan and financial viability.

    • If investing through a Regional Center, ensure it is a USCIS-approved and compliant Regional Center.

    • Conduct due diligence on the project and its management.

4. Insufficient Job Creation Evidence

  • Mistake: Failing to demonstrate that the investment has created or maintained at least 10 full-time jobs for U.S. workers.

  • How to Avoid:

    • Maintain clear and accurate employment records, including payroll documents and job descriptions.

    • For Regional Center investments, ensure the project’s economic analysis supports the job creation claim.

5. Not Following Investment Requirements

  • Mistake: Failing to maintain the investment at risk throughout the two-year conditional residency period.

  • How to Avoid:

    • Ensure that your funds remain actively invested in the EB-5 project.

    • Avoid withdrawing or using the investment funds for other purposes.

6. Misrepresentation or Inaccurate Information

  • Mistake: Providing false information or failing to disclose relevant facts in the application.

  • How to Avoid:

    • Be honest and transparent about all financial, personal, and project details.

    • Double-check all submitted documents for accuracy and consistency.

7. Failing to File Form I-829 on Time

  • Mistake: Missing the 90-day window for filing Form I-829 (Petition to Remove Conditions) before the expiration of the Conditional Green Card.

  • How to Avoid:

    • Set calendar reminders for the 90-day filing window.

    • Prepare supporting documents (proof of continued investment, job creation, etc.) in advance.

    • Work with an immigration attorney for timely filing.

8. Not Maintaining U.S. Residency Requirements

  • Mistake: Spending too much time outside the United States, leading to a loss of residency status.

  • How to Avoid:

    • Maintain a primary residence in the United States.

    • Limit trips abroad to less than six months unless using a Reentry Permit (Form I-131).

9. Lack of Legal Guidance

  • Mistake: Attempting to complete the EB-5 application process without professional legal assistance.

  • How to Avoid:

    • Hire an experienced EB-5 immigration attorney to guide you through the process.

    • Seek advice on Regional Center selection, documentation preparation, and any potential issues.

10. Ignoring Regional Center Risks

  • Mistake: Investing in a Regional Center without understanding its financial health or compliance history.

  • How to Avoid:

    • Research the Regional Center’s approval history, financial stability, and past success in job creation.

    • Request disclosure of any past USCIS violations or denials related to the Regional Center.

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