Is the EB-5 denial rate high?

There is no single, stable denial rate for EB-5 petitions. Each case is evaluated individually, and the outcome depends far more on the quality of the preparation than on any general statistic.

In practice, the risk of denial drops significantly when the petition is well-structured: lawful and traceable source of funds, solid evidence that the investment meets the program’s job requirements, and complete, consistent documentation. When those elements are weak, the chances of an unfavorable decision rise.

So rather than asking whether the rate is high, the more useful question is what causes a petition to be denied and how to strengthen each of those points. Documentation errors, inconsistencies, and a weak investment project are the factors that most commonly weigh against an applicant.

Since requirements and adjudication standards can change, it is worth checking the current requirements with USCIS and working with experienced counsel to build a strong petition.

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.