What EB-5 Investors Should Know About Trump’s New Catch and Revoke Policy

The White House has introduced a new catch and revoke policy that allows the U.S. government to revoke visas for foreign nationals who break the law.

In addition, this policy gives broad leeway to the government to cancel visas on ideological and political grounds. In July, British punk-rap duo Bob Vylan had their U.S. visas revoked after leading a chant at a music festival in the United Kingdom. Foreign students have also been affected; the State Department has revoked the visas of hundreds of student visa holders in connection with recent campus protests and political activism.

The American Immigration Council has noted that some students in the country legally have had their visas revoked for speeding tickets. Some individuals have even had their visas rescinded due to minor administrative errors.

Naturally, investors and visa holders connected to the EB-5 Immigrant Investor Program are wondering what this policy will mean for their lives in the United States.

In this article, we’ll describe what you need to know about the Trump administration’s catch and revoke policy. We’ll also explain how you can maximize your chances of acquiring and maintaining a Green Card under the EB-5 program.

What Is Catch and Revoke?

On April 30, 2025, Secretary of State Marco Rubio announced the start of the Trump administration’s “catch and revoke” visa policy.

Under this policy, the White House has expanded the scope of its immigration authority. The government aims to more strictly enforce regulations on denying or revoking the visas of individuals who have broken the law, pose a security concern, or present public trust issues.

It’s increased its targeting of visa holders, giving itself more flexibility to act on broadened grounds, and is taking a much harder line on enforcement than previous administrations have. The government has increasingly turned to AI tools to facilitate these actions.

What Could Trigger Visa Revocation for Foreign Nationals in the United States?

Job applicants and their employers who want to retain global talent should be aware of this policy’s potential impact on foreign national employees.

Some infractions, such as having a criminal conviction, are relatively clear. A foreign national caught breaking the law is vulnerable to having their visa rescinded.

However, other infractions are somewhat vague and open to interpretation. For example, judgments based on “public trust issues” can be highly subjective, and appropriate implementation remains ambiguous.

AI tools are being used to scan social media accounts, news reports, and other public platforms of visa holders to identify suspicious activities. The Trump administration seeks to dramatically expand the government’s AI-enabled collection of social media data from visa applicants.

Infractions that could trigger catch and revoke for foreign nationals visiting the United States include, but are not limited to, the following.

• Social media posts that criticize U.S. policy or culture.
• Suspicious travel to sanctioned countries.
• Financial activity tied to flagged institutions.
• Overstaying a visit to the United States (for example, staying in the country for longer than 180 days on a B1/B2 or ESTA could lead to denials on future visa applications).
• Inconsistencies between online profiles and visa application materials.
• Connections to dissident or certain political movements.

The case of Russian-born Harvard researcher Kseniia Petrova highlights the zero-tolerance crackdown underway and how easily a foreign national in the United States can lose their visa. Customs and Border Protection agents revoked Petrova’s J-1 visa and started deportation proceedings, citing her failure to declare frog embryos she was using for research purposes upon reentry to the United States. She claimed she simply made a mistake. Petrova was held in a detention center for months. A court eventually reversed the customs decision and freed her.

Even so, the case illustrates how minor customs violations can escalate into prolonged and stressful legal complications.

Her case is almost certainly not unique.

Why Is Catch and Revoke Being Implemented?

The catch and revoke policy is in keeping with the Trump administration’s increased focus on strict immigration enforcement. A harder line on immigration policies began under the first Trump administration and has intensified under the second Trump administration.

Some officials from the State Department and the Department of Homeland Security claim that foreign nationals have exploited the U.S. visa system to commit fraud, overstay their visits, or spread extremist ideologies. Those who wish to get rid of “bad actors” are using catch and revoke to do so.

It’s easier to revoke and deny visas for people deemed undesirable than it is to deport them.

What Are the Risks to EB-5 Investors or Green Card Holders?

The announcement of catch and revoke coincides with increased White House criticism of the EB-5 program and calls to overhaul immigration policy.

Fortunately, the EB-5 program is still available.

EB-5 investors need to take steps to mitigate risk. As previously mentioned, catch and revoke gives the authorities expanded grounds for visa revocation. It’s a zero-tolerance, one strike policy approach in enforcing immigration laws. Even one minor offense by a foreign national that violates U.S. laws could result in that individual losing their immigration status.

However, those who already hold an EB-5 Green Card are unlikely to be directly affected by this policy. That said, here are some general risks foreign nationals in the U.S. should be aware of.

Staying Too Long

Foreign nationals who overstay their visits to the United States on short-term non-immigrant visas or who make too many visits may be affected by one or more of the following adverse actions:

• Being made ineligible to adjust immigration status from inside the United States.
• Having a current visa revoked. This would also cancel the underlying visa stamp that a foreign national would need to return to the United States after traveling abroad.
• Having a future visa application denied. Note that a visa issued post revocation of an earlier visa is generally harder to obtain.
• Being rejected at the consular stage because of past violations or perceived intent to circumvent rules.

Failing to Maintain U.S. Residency

A Green Card holder must spend at least six months out of each year in the United States. Failure to do so could result in an individual experiencing one or more of the following:

• Revocation of their conditional Green Card or permanent Green Card.
• Denial of future naturalization applications because of failing to meet residency requirements.
• Denial of re-entry or heavy scrutiny/questioning upon arriving in the United States after an extended stay abroad.

Criminal Charges or Convictions

A foreign national who is accused of or found guilty of violating U.S. laws risks losing their U.S. visa status. Even minor offenses might apply.

Criminal charges, such as driving while under the influence of alcohol, domestic violence, or fraud in a foreign national’s home country or inside the United States, could lead to one of the following outcomes:

• Denial of a Form I-526/I-526E or Form I-829 petition.
• Revocation of a visa or Green Card on “moral turpitude” or public safety grounds.

Inconsistent or Misleading Public Information

Discrepancies between publicly available data sets can also spell trouble for a foreign national. For example, a LinkedIn profile that reveals a foreign national is running a U.S. business, while that individual’s B1/B2 visa indicates they are visiting the United States as a tourist, may result in penalties such as:

• Visa denial or revocation.
• Permanent ban on entering the United States.

Poor or Suspicious Documentation

The EB-5 program requires that all relevant documentation be complete and accurate. It also requires all investment funds be sourced legally. Failing to provide information requested or using illicit investment capital can lead to:

• Denial of Form I-526/I-526E.
• Referral of your case to the Department of Homeland Security or Department of Justice for further investigation.

Association With Flagged Individuals or Groups

The catch and revoke policy may allow the government to rescind visas based on speech or activities judged to support terrorism, condemn the U.S. government or culture, or pose serious negative foreign policy risks.

Making controversial political statements, participating in protests, or making donations to flagged individuals or groups can lead to visa revocation or denial, possibly without appeal or notice.

How EB-5 Investors Can Protect Themselves

Fortunately, EB-5 investors can protect themselves from visa revocation by taking several steps:

• Keep visa use consistent with the declared purpose of such visas.
• Avoid prolonged U.S. stays on tourist visas.
• Ensure source of funds documentation is thorough, accurate, and transparent.
• Be cautious with public online content, including on social media.
• Maintain U.S. residency if already a Green Card holder.
• Take care to adhere to the law at all times.
• Consult with experienced immigration advisors regularly.

Work With EB5AN to Get and Keep a Green Card

The catch and revoke visa policy reflects a broader shift toward increased and surveillance-based enforcement of immigration laws.

Despite this trend, the EB-5 Immigrant Investor Program remains a viable pathway to U.S. Green Cards. Applicants may want to avoid politically-sensitive discussions and events, while ensuring they are transparent when applying for visas, and follow the law.

Expert help is available when it comes to program compliance and providing necessary information, such as proving that investment funds were sourced lawfully or detailing how you have fulfilled EB-5 program requirements.

You can get the help you need by contacting EB5AN.

EB5AN has helped more than 2,700 families from 70+ countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.

To find out more about how you can obtain EB-5 visas quickly and reliably, book a free call with us today.