The EB-5 Evidence Standard

As a preliminary matter, it is critical that Immigration’s adjudication of EB-5 petitions and applications adhere to the correct standard of proof. In the EB-5 program, the petitioner or applicant must establish each element by a preponderance of the evidence. That means that the petitioner or applicant must show that what he or she claims is more likely so than not so. This is a lower standard of proof than both the standard of “clear and convincing,” and the standard “beyond a reasonable doubt” that applies only to criminal cases. The petitioner or applicant does not need to remove all doubt from our adjudication. Even if an adjudicator has some doubt as to the truth, if the petitioner or applicant submits relevant, probative, and credible evidence that leads to the conclusion that the claim is “more likely than not” or “probably” true, the petitioner or applicant has satisfied the standard of proof.

Taken directly from USCIS’ EB-5 Adjudications Policy Memorandum posted on February 14, 2013.