Can my EB-5 visa be denied even after the investment has been made?

Yes. Making the investment does not guarantee approval of the EB-5. The petition can be denied even after the capital has been committed, because approval depends on several factors, not just the money invested.

The review is rigorous and, to a significant degree, discretionary. Among the aspects evaluated are proof of the lawful source of funds, demonstration that the enterprise is actually creating the required jobs, and compliance with the program’s other requirements.

• Questions about the source of funds can lead to denial.
• Flaws or inconsistencies in the documentation weigh against the petition.
• Failure to demonstrate job creation jeopardizes approval.

Preparing a well-supported case with the help of experienced professionals helps identify gaps before submission and reduces the risk of denial, even though no outcome can be promised. For updated requirements, consult USCIS or a trusted specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.