IMM Group and Partner Counsel Win an EB-5 Denial Appeal at the AAO, Restoring a Family’s U.S. Green Card Path
March 28, 2025 · EB-5 · 16 min read
A client’s EB-5 petition with IMM Group — previously denied by USCIS over issues related to the path of funds — was successfully overturned at the AAO, following a strategic collaboration between IMM Group and partner counsel, one of the most respected immigration law firms in the United States.
In U.S. EB-5 investment immigration, an EB-5 denial appeal rarely succeeds at the Administrative Appeals Office (AAO), and it takes real legal depth to win one. The petition in question had been denied by USCIS over the path of funds. Working with partner counsel — one of the most respected immigration law firms in the United States — IMM Group took the case to the AAO and had the denial overturned.
The outcome is not only a legal result but a precedent of practical value for the EB-5 investor community, particularly investors from emerging markets, where documenting the path of funds is harder because financial systems are less standardized and less transparent than in the United States.
When an EB-5 petition is denied, many immigration firms accept the outcome, step back, or lack the expertise to pursue the case further. Most immigration attorneys do not argue cases before the AAO, USCIS’s administrative appeals body. IMM Group did not let the decision stand. Working alongside the project partner, we advanced more than US$30,000 in legal costs, took the case to a higher level of review, and pressed it to the end to protect the investor’s interests. That is what staying with a client through a difficult case requires.
What is the AAO, and why is it a body with special legal authority?
The AAO is an appellate body within USCIS responsible for reviewing USCIS denials, including Form I-526 and Form I-526E petitions in the EB-5 investor category. It is the highest level of review within USCIS able to reverse an earlier decision, which makes it decisive for the outcome of a petition.
What sets the AAO apart is that it reviews a case de novo: it examines the entire record independently, without being bound by USCIS’s original reasoning for the denial. Where it finds an error of law, an error in the treatment of evidence, or a misreading of the substance of the petition, the AAO can require USCIS to reopen the case, or can revise or withdraw the decision.
IMM Group understands the approval rate on appeal at the AAO to be in the range of 10–15%, which reflects both the difficulty and the high legal standard involved. Success at this level requires an advisory firm not only to know the rules but to apply legal principles, present evidence strategically, and argue the case closely.
Why a win like this is rare in EB-5
In U.S. investment immigration, an EB-5 denial is not uncommon. Reversing a USCIS decision at the highest level of internal review — the AAO — is a different matter, and few firms have done it.
Typically, when a petition is denied:
- Most immigration advisory firms can take it no further, as they are not authorized to represent the investor before USCIS.
- Many step back at the point of denial, leaving the risk entirely with the client.
- Few U.S. immigration attorneys take a case to the AAO either: it is a complex appellate stage that calls for a working command of administrative law, USCIS internal procedure, and high-level appellate strategy.
As a result, most investors who receive a denial effectively lose the U.S. immigration plan their family has pursued for years, or face starting again with a new petition and a new source of funds, if their finances allow.
Against that backdrop, IMM Group’s result at the AAO stands out:
- It is one of the few EB-5 cases in which a denial has been overturned on appeal.
- It allowed the investor to keep the immigration opportunity, and with it the family’s plans for education, residence, and the years ahead.
- IMM Group chose to act rather than step back, working with the project partner and counsel to advance the legal costs needed to take the case to a higher level of review — the first time, to our knowledge, that an advisory firm in Vietnam has done so.
This is not simply a technical legal success. It is a marker of what real expertise is worth, and of what it means to stay with a client to the end of a case. Beyond preparing a petition, IMM Group acted as a strategic partner, working to protect the investor’s interests and future plans.
The role of IMM Group and partner counsel in overturning the case at the AAO
IMM Group built the full strategy for restructuring the petition, reviewed every link in the path of funds, identified the points USCIS had assessed incorrectly, and coordinated the legal work with partner counsel to bring the case before the AAO.
Combining IMM Group’s depth in case preparation with the U.S. firm’s advocacy capability produced an end-to-end line of defense, under which:
- IMM Group was responsible for case design, the structure of the evidence, and preparing the financial documentation to international standards.
- Partner counsel was responsible for the legal argument, preparing the appeal, and representing the investor before the AAO.
The outcome: the AAO withdrew USCIS’s denial and remanded the case to USCIS for a new decision, accepting the argument that an investor need not trace the path of funds to an absolute degree where lawful ownership and a transparent investment process are established.
The AAO decision is not only a result for one petition. In IMM Group’s assessment it is an industry milestone — the first instance we are aware of in which an advisory firm in Vietnam has reversed an outcome at the AAO level — and a precedent of practical value for other investors in the future.
What this case means for EB-5 investors and the wider industry
In IMM Group’s view, the outcome matters beyond this single petition: it points to a clearer and more workable framework for the EB-5 industry as a whole, in particular:
- A less rigid application of the requirement to trace funds all the way back to their origin, where ownership and the lawful nature of the assets have been established.
- Better prospects for petitions that have already been denied, or that are struggling with financial documentation.
- Constructive pressure on USCIS to adjudicate petitions reasonably and in accordance with the law, and to avoid overreach in requesting documents that are not necessary.
For investors in emerging markets, this is welcome news, because many petitions involving lawful funds that are hard to document in the detail U.S. standards demand should be better protected going forward.
Why investors need an advisor with genuine capability
EB-5 is not simply a financial exercise — it is a demanding legal process. Having the investment capital available has never been the deciding factor. What determines whether a petition succeeds is:
- The ability to structure the path of funds soundly and in line with U.S. legal standards.
- A thorough understanding of U.S. immigration law and the USCIS adjudication process.
- The capacity to respond, appeal, and litigate if the petition runs into difficulty.
When an EB-5 petition draws a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or an outright denial, only firms with a genuine command of the law, experience in difficult cases, and strong legal partners are in a position to turn the outcome around.
IMM Group: a strategic partner for EB-5 investors
IMM Group’s result at the AAO is a rare one in the EB-5 field: a USCIS denial successfully overturned, something very few immigration firms worldwide have achieved. From the prospect of losing both the time and the money invested, the investor regained the opportunity to continue toward a U.S. green card, keeping the family’s immigration plans on course. It is a legal result, and also a measure of how far IMM Group will go in defending a client’s position.
With more than 21 years advising on international residency and citizenship, IMM Group has supported hundreds of families in Vietnam through the EB-5 program. Our work goes beyond assembling the petition: we assess, restructure, and present the path of funds to the required legal standard — one of the most demanding and most frequently contested elements of an EB-5 case.
IMM Group works alongside EB-5 investors with in-depth solutions and concrete action:
- End-to-end oversight of the EB-5 petition: we review each case closely, assess every weakness and risk, and build the strongest legal strategy available, so that the petition meets the exacting evidentiary standards USCIS applies.
- Rigorous project screening and advice: we present only EB-5 projects that IMM Group has put through full due diligence, looking at their record of timely approvals to date and at the capital protection features in place. U.S. law requires EB-5 capital to remain at risk, so no project — including those we present — can promise the return of invested capital.
- Strategic relationships with a range of highly specialized U.S. attorneys: this ensures each petition is prepared methodically, to standard, and on firm legal footing, and that it reflects the latest developments in U.S. immigration law.
- Committed advocacy from start to finish: IMM Group stays with clients from the preparation of the petition through any issues that arise, and is prepared to appeal to the AAO — and, where warranted, to file suit against USCIS in federal court — to protect the family’s interests and their path to a green card.
We do not handle petitions as volume work. We focus on the particulars of each case to reduce risk, avoid the delays that come from an incomplete filing, and work toward one clear objective: the best achievable outcome for the client.
If you are considering the EB-5 investor immigration program, we invite you to speak with IMM Group’s advisory team for detailed information and a private consultation. We treat your personal data as confidential and use the information you provide solely to advise on your family’s case.
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