If an EB-5 project’s Form I-956F (Application for Approval of an Investment in a Commercial Enterprise) is still pending, your green card depends on that approval.
Under the EB-5 Reform and Integrity Act of 2022, U.S. Citizenship and Immigration Services (USCIS) must approve the project first before reviewing the investor’s Form I-526E petition. If the project runs into problems at the I-956F stage, investor cases can be delayed — or even denied.
That is why immigration due diligence is different from financial due diligence.
A project may look financially strong but still carry immigration risk.
What Can Get a Project in Trouble with USCIS?
USCIS conducts detailed background and compliance reviews. Common issues that can trigger extra scrutiny include:
- National security or fraud concerns involving anyone connected to the regional center or project.
- Project location concerns, such as being near a military base, federal building, or critical infrastructure, which can raise national security review issues.
- Significant foreign ownership or control in the project structure.
- Unrealistic projections, including exaggerated job creation numbers, inflated property values, or aggressive construction timelines.
- Negative news coverage or public reports suggesting financial or operational problems.
- Questionable business entities, such as missing business registrations, prior bankruptcies, dissolved companies, or inactive accounts.
USCIS reviews public records, corporate filings, litigation history, and media reports. If red flags appear, the project may face delays or deeper investigation.
Protect Your Immigration Future
Financial due diligence protects your money.
Immigration due diligence protects your green card.
Before making a final EB-5 investment decision — especially where an I-956F is pending — schedule a consultation with a top attorney from WR Immigration’s EB-5 team. Our award-winning EB-5 attorneys can help evaluate structural compliance, risk factors, and potential scrutiny issues before you commit.
Your immigration future deserves careful review.
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