Can USCIS deny the I-829 for lack of evidence?

Yes. The I-829 is the petition that removes the conditions on residence obtained through the EB-5 program, and in it the investor must prove that the investment was maintained and that it generated the jobs required by the program. If that evidence is considered insufficient, contradictory, or unclear, USCIS has the authority to deny.

In practice, denial is rarely the first response. When in doubt, USCIS typically issues a Request for Evidence (RFE) asking for additional documents or clarifications. This is the opportunity to strengthen the case, and an incomplete or late response is precisely what increases the risk of denial.

Among the points that most often raise questions are:

• Documentation that does not clearly demonstrate the creation or maintenance of jobs.
• Doubts about the lawful source of the invested funds.
• Disorganized or incomplete financial records.

For this reason, it is worth organizing the evidence clearly and completely from the start and, when facing a complex case, confirming updated requirements with USCIS or with a trusted professional before filing.

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.