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EB5 visa filed last August for an investor from China to invest in a small independent online business.

Las Vegas, NV |

Now immigration is questioning our market strategy and business model. I wonder what the procedure is.
What happen if they are not satisfied with our answers?
Would they ask more questions or do they simply refuse the application.

We already ahve started the business and what are our rights if they refuse since we already have spent money in this business.
Also how do they investigate the business?

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Attorney answers 7


You invest in a business on your own risk. You should have had competent legal advice before you started everything. If your application is denied you will not have any regress against the government for any money spent. In theory, your business is independent from your intent to emigrate to the U.S.

What will happen if the service is not happy with your answers is that they will deny your application. They might ask for more evidence, but that is up to them. What you should do is consult an immigration attorney asap to find out what can be done before the application is denied.

Wolf W. Kaufmann
Southern California Immigration Attorney

No client-attorney relationship is being created by this posting. Please contact an attorney with questions about your case.


USCIS can issue a Request for Evidence, a Notice of Intent to Deny or a Denial is they are not satisfied with your EB-5 petition (form I-526).

For more information, please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


USCIS will await a timely response and adjudicate the petition based upon the evidence presented. It has given you the opportunity to provide additional evidence since it believes what you have already submitted is insufficient to support an approval. Generally speaking, there will be no request for further evidence and if your response is not satisfactory, the petition will be denied. USCiS can, and does, investigate the legitimacy of applications/petitions that it receives.

You invest in a business at your own risk (this is why there is an "at-risk" requirement for investment related visas. EB-5 cases are extremely complex. If you are attempting to handle this matter without experienced immigration counsel you are at a serious disadvantage and should retain counsel immediately as time is of the essence. I have successfully handled many EB-5 cases. Feel free to call my office to schedule a consultation should you wish to discuss your case.


You're kidding? You've invested possibly a million dollars and you're trying to get free legal advice on the Internet? The best advice anyone could give you is contact an EXPERIENCED immigration lawyer who has successfully done EB-5 cases and have them handle the case. It may cost you Several thousands of dollars, but thats just too much money invested to go cheap. Good luck!


I agree with the above. More information is definitely needed to appreciate the situation. What the USCIS requested is perfectly reasonable, but quite challenging to prepare.

This is an even more challenging situation, where you are in the U.S. and working without a visa. Perhaps, you may have trouble getting a greencard, where you are out of status, even if the EB-5 petition is approved.

I strongly recommend an appointment or teleconference with a competent and experienced immigration and visa attorney, who can review this situation.

This is general information, not legal advice, and does not create an attorney client relationship.


It sounds like you will be receiving a denial. before investing one penny, you should have spoken with a lawyer who has experience in EB5 applications and who has prosecuted them successfully. With that said, you can always do the 2nd application the proper way and get it approved through your current or a different business.

Robert West

(702) 319-5459


You need a securities attorney who has some experience in EB-5 matters to further investigate the venture. The big issue with these things is how the money is being spent on the venture, as opposed to paying the promoters. That's where the securities law issues come in.

Happy to assist further if need be.

The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.