EB-5 project failure and petition denial are two different problems, but one can lead to the other. This page explains common EB-5 problems and the options investors may have. Shihab Burke LLC Immigration Lawyers represents EB-5 investors worldwide from our offices in Columbus and Dublin, Ohio.
For an overview of the EB-5 program, see our page for EB-5 investor visa lawyers.
What Is the Difference Between EB-5 Project Failure and Petition Denial?
EB-5 project failure is a business problem, while a petition denial is a decision by USCIS (U.S. Citizenship and Immigration Services). A project may stop, change, lose money, or create too few jobs. USCIS may deny a petition because of project problems, source-of-funds problems, or other eligibility issues.
A failed project does not always mean the immigration case fails. A successful project also does not guarantee approval.
What Are Common Causes of EB-5 Problems?
- Weak evidence of the lawful source and path of the investor’s money
- A project application that is denied, or a project that never starts
- Major changes to the business plan, financing, or location
- Too few jobs created or kept
- Misuse of money or other misconduct by a project sponsor
- Termination of a regional center, or a business barred from the program
- Problems with the investor’s own eligibility, such as past immigration violations
+1 (866) 665-0001Schedule Consultation
What Happens If a Regional Center Is Terminated or a Business Is Barred?
The law gives some protection to EB-5 investors when USCIS terminates a regional center or bars (debars) a business involved in the investment from the program. A regional center is a public or private organization approved by USCIS to sponsor EB-5 projects. The protection does not give a general right to move any troubled investment.
If a regional center is terminated, the investor’s company may be able to join another regional center, or the investor may be able to make a new qualifying investment. If a business is barred, the investor may need to make a new qualifying investment or, in some cases, add only the money needed to finish creating the jobs. In either case, the investor must also amend the petition or notify USCIS within the 180-day period.
These options are generally available for 180 days after USCIS notifies the investor. The 180 days start from the USCIS notice, not from the first problem with the project.
An investor who meets the legal requirements, and who was not a knowing participant in the misconduct, may keep the original priority date. The priority date is the investor’s place in the visa line. Children may also keep their eligibility based on their age at the original filing.
Investors should act quickly. USCIS may extend these deadlines in some cases, but an extension should not be assumed.
What If the EB-5 Project Changes Before the Petition Is Approved?
A major change before the EB-5 petition is approved may be a “material change,” which can require a new petition. Whether a change is material depends on the facts. The same concern applies after the petition is approved but before the investor receives the conditional green card. A proposed rule from July 2026 would give investors more flexibility, but as of October 2026 the proposed rule is not in effect.
+1 (866) 665-0001Schedule Consultation
What If There Are Too Few EB-5 Jobs After the Conditional Green Card?
After an investor receives a conditional green card, more types of project changes may be allowed. The investor may be able to rely on jobs that were created and kept during the required period. The investor may also show that the jobs will be created within a reasonable time, or in some cases make a further investment.
These options depend on the facts, and the Form I-829 filing deadline still applies. See our page on EB-5 removal of conditions (Form I-829).
What If Form I-526 or Form I-526E Is Denied?
An investor can usually file a motion or an appeal within 30 days of the denial (33 days if the decision was mailed). Always follow the deadline stated in the decision. A motion to reopen asks USCIS to consider new facts. A motion to reconsider argues that USCIS applied the law incorrectly. An appeal asks a higher USCIS office to review the decision.
Depending on the reason for the denial, a new petition or review in federal court may be better options. Challenging a denial does not by itself give status, a work permit, or permission to travel.
What If Form I-829 Is Denied?
A denied Form I-829 ends conditional residence. The investor may ask USCIS to reopen or reconsider the decision, and may ask an immigration judge to review the denial in removal (deportation) proceedings. In some cases, the investor may file one new EB-5 petition within one year, and an unmarried child who has turned 21 may still be included in it. This does not restore the child’s green card or permission to work.
Can EB-5 Investors Recover Lost Money?
Recovering money is separate from the EB-5 immigration case. Depending on the facts, options may include claims under the investment documents, joining a receivership (a court-supervised process to manage a failed business), or securities claims.
Any recovery of money or new investment should be reviewed for its effect on the EB-5 immigration case.
What Should You Do Now If Your EB-5 Project Has a Problem?
If an EB-5 project has a problem, take these five steps:
- Keep every USCIS notice and project message, with the date you received it.
- Gather your investment documents and records showing where your money went.
- Do not withdraw money, sign new agreements, or travel before getting advice.
- Write down every deadline; some are only 30 days.
- Speak with an immigration lawyer quickly.
+1 (866) 665-0001Schedule Consultation
EB-5 Project Failure and Denial: Frequently Asked Questions
Will I lose my EB-5 green card if my project fails?
Not necessarily. The result depends on when the EB-5 project problem happens, how many jobs were created, and whether investor protections apply.
Do EB-5 investors always have 180 days after a project problem?
No. The EB-5 180-day period applies only after USCIS notifies investors that a regional center was terminated or a business was barred. It does not apply to every project problem.
Can I keep my EB-5 priority date if I must reinvest?
In some cases, yes, if the legal requirements are met. In other cases, a new EB-5 petition receives a new priority date.
How can an EB-5 lawyer help after a project problem or petition denial?
An EB-5 lawyer reviews the USCIS notices, the project records, and the deadlines. The lawyer then explains the immigration options, such as a new investment, a changed or new petition, a motion, an appeal, or review by an immigration judge, and prepares the filings.
Talk with an EB-5 Lawyer
When an EB-5 case has a problem, quick advice can help protect the options that remain. Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
+1 (866) 665-0001Schedule Consultation
