Recently, Brad Banias of Banias Law, a South Carolina-based immigration firm, wrote about
So what does this mean?
What is the EB-5 Immigrant Investor Program?
The EB-5 Immigrant Investor Program, formally known as the Employment-Based Fifth Preference, is a route for immigrant investors from the United States.
It allows foreigners to obtain a U.S. Green Card by investing at least $800,000 in a new U.S. commercial venture that creates at least 10 full-time jobs for U.S. workers.
The program offers the investor, their spouse and unmarried children under the age of 21 a path to permanent residency. No employer sponsorship or specific educational qualifications are required.
Once approved, the family will receive U.S. green cards.
What happens after a refusal?
When an EB-5 application is denied, the applicant, usually through their attorney, has limited options to appeal that decision.
One of those options is to file Form I-290B with the US Citizenship and Immigration Services (USCIS).
An I-290B can be used to:
> Object to the decision, or
> Ask the same office to reopen or reconsider the case
It is a formal mechanism to challenge a denial. Filing multiple I-290Bs does not mean you have to file the same form repeatedly for no reason. Lawyers may try different legal arguments or procedural routes.
However, experts warn that more applications do not automatically translate into better opportunities.
“If the investors are told that these I290Bs somehow keep them in a legal status, but here is the regulation on I290Bs: ‘Unless USCIS provides otherwise, the filing of a motion for reopening or reconsideration or of a subsequent application or petition does not suspend the execution of a decision in a case or extend a previously established exit date,’” Banias said.
In other words, filing repeated motions does not in itself interrupt the effect of a denial.
When can a movement help?
“The outcome depends on whether the motion directly addresses the specific grounds for refusal – either by demonstrating clear legal error or by presenting new, material evidence that was previously unavailable,” Varun Singh, Managing Director at XIPHIAS Immigration, told Business Standard.
He pointed out that many EB-5 denials are related to gaps in documentation.
“In most EB-5 cases, denials arise from gaps in documentation, particularly around the funding source or job creation requirements. If these issues are not substantively corrected, additional motions rarely make a meaningful difference and can simply add time and expense,” Singh said.
He added that where weaknesses are more structural, a new strategy may be more practical.
“Where the underlying weaknesses are structural, a carefully reassessed resubmission strategy – with stronger documentation and legal positioning – may be more effective than pursuing multiple administrative challenges. The focus should be on the strength of the response, not the number of submissions,” he said.
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