EB-5 Denial Rates and Common Reasons: What the Data Shows

About one in eight I-526E petitions is denied. That number, roughly 10% to 15% depending on the quarter and the data source, has held fairly steady for the past several fiscal years. It means that the vast majority of EB-5 petitions are approved. It also means that roughly one in eight investors spends $800,000, waits two years, and receives a denial. This article examines what the available data tells us about denial rates, the most common reasons petitions fail, and how those patterns have shifted since the RIA took effect. We use published USCIS statistics, FOIA data, and Administrative Appeals Office decisions as sources. Where the data is incomplete, we say so. Source: USCIS Quarterly Statistics; AAO Decision Database; EB5Status FOIA data. Mixed trust tier (Blue for published statistics, Green for FOIA). This is a data analysis, not legal advice. ## Overall denial rate USCIS publishes quarterly statistics on I-526...