What Can Disqualify an Investor from Participating in the EB-5 Program?

So long as the EB-5 investor meets the basic EB-5 requirements, there are few events that would disqualify the person from obtaining an EB-5 visa. These include:


  1. Being a public health risk.

  2. Having a serious criminal record (e.g. aggravated felonies or crimes of moral turpitude).

  3. Making misrepresentations to gain U.S. entry or prior visa fraud.

  4. Overstaying visa or having unlawful presence in the U.S.


While EB-5 investors may still file the I-526 petition, once it is approved the presence of any of these factors may make an EB-5 investor inadmissible to enter the U.S. or adjust status as a permanent resident.


Therefore, it is strongly recommended that potential EB-5 investors consult with their immigration attorney before filing the I-526 petition and fully disclose any potential issues that may lead to potential inadmissibility. This includes all prior visa history, overstays, as well as giving birth to children in the US while on a non-work visa.


In several instances, the EB-5 investor may be eligible for a waiver.