Why are USCIS denials increasing for EB-5 petitions?

Denials are increasing because USCIS is systematically rejecting petitions that use 'creative structuring' of the $800,000 investment, such as low-capital models financed by third parties, deeming them non-compliant with the at-risk investment requirement.

What is considered a non-compliant EB-5 investment structure?

Non-compliant structures involve scenarios where only a portion of the $800,000 investment genuinely comes from the investor, and the remainder is financed through loan arrangements tied directly or indirectly to the project sponsor or Regional Center.

What are compliant options for EB-5 investors?

Compliant options include securing legitimate bank loans with real collateral and personal liability, or structuring phased payments that meet regulatory requirements without distorting the full capital mandate.

Home / Business and Economy / EB-5 Investment Rules Tighten, Denials Rise

EB-5 Investment Rules Tighten, Denials Rise

27 Feb

Summary

USCIS is denying EB-5 petitions with 'creative structuring'.
Low-capital models financed by third parties are non-compliant.
EB-5 requires a genuine $800,000 investment at risk.

EB-5 Investment Rules Tighten, Denials Rise

Indian families seeking US permanent residency via the EB-5 program are encountering significant challenges due to stricter scrutiny of investment structures. USCIS is systematically denying petitions that employ 'creative structuring,' such as low-capital models where third parties finance the remaining investment balance. These arrangements are now widely considered non-compliant with the program's core requirement for a genuine $800,000 investment that is lawfully earned, traceable, and placed at risk.

Concerns have escalated over the past three years as developers promoted these reduced-investment models, which often obscured complex loan mechanics. While some early cases were approved, the increasing volume of similar filings, particularly from India, prompted intensified review. Borrowed funds are permitted in EB-5, but the investor must be personally liable for repayment to an independent lender.

Recent adjudications reveal a clear pattern of denials for petitions involving loan arrangements tied to the Regional Center or project sponsor. This trend underscores that the EB-5 program is not a discounted residency product. Compliant options, such as securing legitimate bank loans with collateral or structuring phased payments, require discipline but preserve petition integrity.

Investors must remain vigilant and prioritize compliance over convenience as capital structure is now a critical factor differentiating approval from denial. The EB-5 program remains a viable path to a green card, but adherence to its investment requirements is paramount for success.

Disclaimer: This story has been auto-aggregated and auto-summarised by a computer program. This story has not been edited or created by the Feedzop team.

Home / Business and Economy / EB-5 Investment Rules Tighten, Denials Rise

EB-5 Investment Rules Tighten, Denials Rise

27 Feb

•

Summary

USCIS is denying EB-5 petitions with 'creative structuring'.
Low-capital models financed by third parties are non-compliant.
EB-5 requires a genuine $800,000 investment at risk.

Disclaimer: This story has been auto-aggregated and auto-summarised by a computer program. This story has not been edited or created by the Feedzop team.