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The EB-5 program, which allows foreign investors to obtain U.S. permanent residency through job-creating investments, has continued to evolve under the EB-5 Reform and Integrity Act. However, applicants often encounter significant procedural and documentary obstacles that can delay or derail their green card process. Top Challenges in the EB-5 Adjustment of Status Process Processing Delays and Visa BacklogsEB-5 adjudications can take years, particularly for applicants from oversubscribed countries such as China, India, and Vietnam. These delays in I-526 or I-526E petitions often cascade into Adjustment of Status timelines. Frequent Requests for Evidence (RFEs) and DenialsUSCIS has intensified scrutiny on EB-5 filings, leading to more RFEs and Notices of Intent to Deny (NOIDs). Even minor documentation inconsistencies can prompt significant delays. Source of Funds and Documentation IssuesOne of the most common causes of denial stems from inadequate or incomplete evidence tracing the lawful origin of investment funds. Problems with unsecured loans, remittance documentation, or unclear paper trails are particularly risky. Regional Centre and Project SelectionChoosing an unreliable project or a non-compliant regional centre can jeopardise both the investor's approval and job creation requirements necessary for permanent residency. Inadmissibility and Compliance RisksApplicants with prior immigration violations, unauthorised withdrawals of investment funds, or criminal records may be deemed inadmissible, threatening their eligibility for adjustment. Inconsistent or Incomplete RecordsErrors in personal data, missing translations, or incomplete immigration histories are frequent reasons for RFEs or delays in adjudication. Security and Background Check DelaysLengthy FBI Name Checks and security reviews can further stall case processing, even after USCIS receives all required documentation. Evolving Legal LandscapeRegulatory updates-such as changes in Targeted Employment Area (TEA) designations, investment thresholds, and filing procedures-require experienced legal guidance to avoid missteps. Best Practices for EB-5 Applicants Global Immigration Partners recommends that EB-5 investors take proactive steps to safeguard their applications: Engage Experienced EB-5 Counsel Early – Retaining qualified attorneys ensures compliance with evolving program requirements and accurate documentation. Maintain Complete Financial Records – Prepare robust, well-organised source-of-funds evidence, including certified translations and loan documents. Vet Projects Carefully – Choose regional centers and projects with proven compliance and credible job creation forecasts. Monitor Processing and Policy Changes – Stay informed about USCIS processing times, Visa Bulletin updates, and new regulatory guidance. Prepare Early for I-829 Filings – Maintain thorough documentation to demonstrate sustained investment and job creation when removing conditions. Industry Perspective “Adjustment of Status under the EB-5 program remains one of the most intricate immigration processes,” said Alexander Jovy, Co-Managing Partner at Global Immigration Partners.“Delays, document scrutiny, and evolving regulations make it essential for investors to plan strategically and work with experienced legal professionals who understand both the immigration and financial dimensions of EB-5.” About Global Immigration Partners PLLC Global Immigration Partners PLLC is a full-service immigration law firm specializing in U.S. investor, business, and employment-based immigration. The firm provides strategic guidance on EB-5, E-2, L-1, and other immigration categories, assisting clients worldwide with complex visa and adjustment processes. Media Contact:Global Immigration Partners PLLC...
