Can the consulate deny the EB-5 even with an approved I-526?

Yes. Even with an approved I-526, the consulate can still deny the EB-5. Approval of that petition by USCIS is an important milestone, but it is not the final decision: the case remains subject to consular review before the visa is issued.

At the interview, the consular officer does not simply recheck what was already approved. They review the submitted documentation, confirm eligibility requirements, and check whether any grounds of inadmissibility exist, such as criminal history, security concerns, or other bars under U.S. immigration law.

Situations that can lead to a denial include:

• Insufficient evidence or inconsistent documents.
• Information that differs from what was stated in the petition.
• Inadmissibility grounds identified at the consular stage.

Because each case is evaluated individually and the rules are strict, the best path forward is to prepare your documentation carefully, understand what is expected at each stage, and seek specialized guidance. When in doubt about current requirements, confirm directly with USCIS.

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.