Prior Favorable Determination

Distinct EB-5 eligibility requirements must be met at each stage of the eb-5 immigration process. Where USCIS has evaluated and approved certain aspects of an eb-5 investment, that favorable determination should generally be given deference at a subsequent stage in the eb-5 process. Unless there is reason to believe that a prior adjudication was in error, the agency will not reexamine determinations made earlier in the eb-5 process. However, a previously favorable decision may not be relied upon in later proceedings where, for example, the underlying facts upon which a favorable decision was made have materially changed, there is evidence of fraud or misrepresentation in the record of proceeding, or the previously favorable decision is determined to be legally deficient.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.