What happens if I don’t open a business after the I-526?

Not opening a business after the approval of your I-526 can have serious consequences for your EB-5 case. The program exists to encourage investments that create jobs in the United States, and that requires the actual launch and operation of a business.

If the business never materializes, it raises the perception that the core requirements, such as the investment and job creation, are not being met. The I-526 approval is based on the intent to carry out a real project, so inactivity can be interpreted as a failure to honor that commitment.

In practice, this can interrupt the path to permanent residency, because at the next stage immigration authorities verify whether the program’s criteria were actually met. Additional complications may arise as well, such as the need to review the investment or demonstrate compliance.

For this reason, maintaining your commitment to the project, from approval through implementation, is essential. If unexpected circumstances arise, confirm what applies to your case through the official source (USCIS) and seek the guidance of a specialist before making any decisions.

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.