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How does a denied EB-5 case impact my future applications?

I am currently in the U.S. under an F-1 visa and also work part time on CPT. My EB-5 application was rejected a couple of days ago. Can I apply for a green card through work? Is it correct that all my future applications submitted for the next five years would also be impacted because I already have been rejected once? What are my options?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Being denied for an EB-5 does not impact your other options. If wrongly denied, you can re-file or appeal. Consult with an attorney to review all your options, including job sponsorship.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A rejection is different from a denial, which usually means USCIS has rejected a submitted petition for processing and you may correct the deficiency and resubmit (i.e. improper fee payment). If your I-526 was denied due to deficiencies in lawful source of funds evidence or problems with a project (not fraud or material misrepresentation), then you should not be impacted in the future and may immigrate through work if you have a sponsor who is willing to sponsor your H or L visa, then possibly a PERM and I-140 petition in the EB-3 or EB-2 category. You should discuss your options with an immigration attorney.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    A denial of I-526 does not impact your eligibility for other immigrant visas. I would not recommend filing for a NIV without a dual intent.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Because you have submitted the immigrant petition, it will be hard for you to get another non-immigrant visa or extend. However, as your F-1 is for a duration of status, as long as you are still attending school and keeping up your status, you should be able to stay. After you receive your degree, you should still be able to get the OPT and apply for H-1B or be sponsored by EB-3 or EB-2 (if masters) with an employer that could sponsor you.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    This should not affect your ability to look for and apply for alternative routes to a green card. Just make sure it is always disclosed if you are asked about prior immigrant visas.

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    Robert Perkins

    Immigration Attorney
    Answered on

    The rejection does not have any negative affect on you applying for a green card through work.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    You can apply for a green card through work. There is no bar of any kind on future applications. I assume you are referring to the I-526 being denied and that the reason was either a source of funds deficiency or a problem with the project, not fraud or the like.

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    Robert West

    Immigration Attorney
    Answered on

    It is too long of a question because of the variables for this format. Speak with your lawyer to discuss options in detail. Or find a lawyer who has experience in these matters.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    That would depend on the reason for the denial. If fraud was the reason for the denial or anything based on your past immigration history, etc., then your future filings may be affected. You should discuss what your options are with an attorney.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be able to move forward with other petitions if the I-526 petition only is denied (a rejection is a different matter, but I assume you mean denied). USCIS will want to know your history of filings for a future immigrant petition. Careful planning with the assistance of an immigration attorney should be a priority now.

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