There is conversation in several EB-5 investor groups on social media that I follow, saying that many I-526 forms and even some I-829s have been recently rejected due to the loans used. I want to understand why using loans would be rejected, as it’s a financing option I’m contemplating for my own application.
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysThe new law says good faith loans. Unsecured loans have always been risky.
Natalia Morozova
EB-5 Immigration attorneysRejections often occur when loans fail these tests, especially in regional center projects where financing gets complex. USCIS denial rates for I-526 petitions hovered around 30% as of early 2025, with loans cited in many
cases. Common triggers include:
1. Failure to Meet at Risk Standard; 2. Improper Loan Structure; 3. Insufficient Documentation; 4. Personal Repayment Concerns.
This is a highly nuanced area. We are happy to provide a consultation.
Bernard P Wolfsdorf
EB-5 Immigration attorneysThe new EB-5 RIA rule on loans have to be made in “good faith”. Some of the loans made or coordinated by certain RCs may not meet this requirement.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIt depends on how the loan is structured. In short, loans could be acceptable as EB5 source funds, assuming they meet regulatory requirements.
Lynne Feldman
EB-5 Immigration attorneysLoans are complicated and are still possible – can’t be secured by the project and other constraints.
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