EB-5 visa denied? Will multiple petitions help your case? Experts explain

Immigration lawyers warn that filing multiple I-290Bs after an EB-5 rejection may not improve your chances. Here's what investors should know

If your EB-5 visa application has been rejected, should you file multiple petitions to get it approved? Immigration lawyers say that is not always the right move.

 

Recently, Brad Banias of Banias Law, a South Carolina-based immigration firm, wrote on X: “I see petition attorneys file multiple I290Bs when EB-5 visas get denied. If your project or attorney is urging you to do the same, get a second opinion.”

 

So what does this imply?

 

What is the EB-5 immigrant investor programme?

 

The EB-5 Immigrant Investor Program, formally known as the Employment-Based Fifth Preference, is a United States immigrant investor route.

 

 

It allows foreign nationals to obtain a US Green Card by investing at least $800,000 in a new US commercial enterprise that creates at least 10 full-time jobs for US workers.

 

The programme provides a pathway to permanent residency for the investor, their spouse, and unmarried children under 21. It does not require employer sponsorship or specific educational qualifications.

 

Once approved, the family receives US green cards.

 

What happens after a denial?

 

When an EB-5 application is denied, the applicant, usually through their lawyer, has limited options to challenge that decision.

 

One such option is filing Form I-290B with the US Citizenship and Immigration Services (USCIS).

 

An I-290B can be used to:

 

> Appeal the decision, or

> Ask the same office to reopen or reconsider the case

 

It is a formal mechanism to challenge a denial. Filing multiple I-290Bs does not mean submitting the same form repeatedly without reason. Lawyers may try different legal arguments or procedural routes.

 

However, experts caution that more filings do not automatically translate into better chances.

 

“If the investors are told these I290Bs somehow keep them in lawful status, but here is the regulation on I290Bs: ‘Unless USCIS directs otherwise, the filing of a motion to reopen or reconsider or of a subsequent application or petition does not stay the execution of any decision in a case or extend a previously set departure date,’” said Banias.

 

In other words, submitting repeated motions does not, by itself, pause the effect of a denial.

 

When can a motion help?

 

“The outcome depends on whether the motion directly addresses the specific grounds for denial — either by demonstrating a clear legal error or by presenting new, material evidence that was not previously available,” said Varun Singh, Managing Director at XIPHIAS Immigration, speaking to Business Standard.

 

He pointed out that many EB-5 refusals relate to documentation gaps.

 

“In most EB-5 cases, denials stem from documentation gaps, particularly around source of funds or job-creation requirements. If those issues are not substantively corrected, additional motions rarely make a meaningful difference and can simply add time and cost,” Singh said.

 

He added that where the weaknesses are more structural, a fresh strategy may be more practical.

 

“Where the underlying weaknesses are structural, a carefully reassessed re-filing strategy — with stronger documentation and legal positioning — may be more effective than pursuing multiple administrative challenges. The emphasis should be on the strength of the response, not the number of filings,” he said.