Preliminary Statement: The Preponderance of The Evidence Standard

As a preliminary matter, it is critical that our adjudication of petitions in the EB-5 Program adhere to the correct standard of proof. In the EB-5 Program, the petitioner must establish each element by a preponderance of the evidence. That means that the petitioner must prove to us that what he or she claims is more likely so than not so. This is a lower standard of proof than the standard of “clear and convincing,” and even lower than the standard “beyond a reasonable doubt” that applies only to criminal cases. The petitioner does not need to remove all doubt from our adjudication, but must instead show that what he or she presents is more probable than not.