Recently, the Trump administration proposed a policy called "Catch and Revoke." This policy was previously announced by Secretary of State Marco Rubio and implements the principle of "one violation results in visa cancellation," meaning that any foreign national holding a visa in the U.S., even for minor violations, may lose their immigration status.
Core of the Policy: One Violation, Visa Nullified
Catch: Utilizing artificial intelligence and big data technology to automatically monitor the social media behavior of visa holders, with particular attention to statements related to terrorism, extremism, or other potential threats to U.S. security.
Revoke: Once statements or actions that are suspected of threatening national security are identified, relevant authorities will investigate and may revoke the visa of the holder, resulting in the loss of their legal status in the U.S.
What Actions May Lead to Visa Revocation?
Although the State Department has not yet published a specific list of violations, recent enforcement cases have sent clear signals:
• Participation in protest activities (such as campus political rallies) or expressing sensitive political views;
• Traffic violations, failure to register address changes, and other technical infractions;
• Historical statements on social media being subject to retrospective scrutiny (such as those involving racial or religious issues).
In late April 2025, the U.S. government canceled the visas of hundreds of foreign students nationwide, but was forced to rescind that decision after facing large-scale legal challenges. The current policy emphasizes that holding a U.S. visa is a "privilege" rather than a "right," and that individuals must strictly adhere to U.S. laws and regulations during their stay. Immigration lawyers advise all foreign nationals in the U.S. to understand the potential impacts of this policy and to remain compliant to avoid visa revocation or even the risk of deportation.
What Impacts Could This Policy Have on EB-5 Investors?
The EB-5 application process is lengthy and complex, from the approval of the I-526 form to the transition to temporary visa status, and finally obtaining a permanent green card, with each stage fraught with uncertainties. According to information from the "EB5 Investor Magazine," U.S. immigration attorney Joseph Barnett (from WR Immigration) points out that this policy reflects the Trump administration's commitment to strictly enforce existing immigration laws and utilize the State Department's authority to revoke visas. Due to the "consular non-reviewability principle," decisions to revoke visas are typically not subject to judicial review.
WR Immigration reminds clients in its blog: "The global talent mobility team should prepare for stricter scrutiny, more frequent Requests for Evidence (RFE), and potential interruptions in work authorization." A Request for Evidence is a formal notice from U.S. Citizenship and Immigration Services (USCIS) requesting further documentation or clarification of materials submitted by the applicant.
EB-5 attorney Bobi Ahn notes that for EB-5 investors who have completed the application process and currently hold conditional or permanent green cards, they have already undergone biometrics and background checks, so this policy does not directly target these individuals. However, she also warns that this policy may affect applicants currently holding H-1B or other non-immigrant visas who are preparing to transition to EB-5.
Barnett adds: "While the I-829 primarily reviews whether the investor meets the EB-5 investment requirements, USCIS can still raise grounds for inadmissibility or deportability during the review, especially when the State Department raises relevant concerns under the new policy. However, the revocation of a visa itself does not immediately affect an EB-5 investor's legal status as a conditional resident; the Department of Homeland Security (DHS) must take further steps to enforce deportation."
In the face of this impending policy storm, EB-5 applicants need to prepare in advance, thoroughly reviewing their personal experiences and social media records to ensure there are no "handles" to grab. Currently, this policy has not yet officially taken effect and is facing legal scrutiny and challenges. Worldway will continue to monitor the situation.
With the Changing Policy Landscape, EB-5 Applications Should Be Prompt
Although the Trump administration's "Catch and Revoke" policy is still in the planning stages, the tightening signals it has released cannot be ignored. As uncertainty in immigration policy increases, the difficulty and risks of future applications may continue to rise. With years of professional experience in the immigration field, Worldway keenly captures industry trends and solemnly reminds investors: amidst the fog of immigration policy, early planning and prompt applications are essential to seize the initiative and secure quality EB-5 projects.
Current rural projects in the EB-5 reserved visa channel are standing out due to multiple advantages—no waiting period, ample quotas, priority approval, and dual submission, allowing investors to invest $800,000 and simultaneously submit I-526E and I-485 applications, obtaining a Combo card in about three months, and the period of waiting for the green card does not affect entry and exit, allowing legal residence, study, and work in the U.S.
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At that time, Mr. Greg Friedman, CEO of the Billion Dollar Fund, will visit China for the first time, along with several prominent guests such as immigration attorney from the well-known U.S. law firm Miller Mayer, to deeply analyze the investment value of EB-5 rural projects and the dynamics of immigration policy, bringing you first-hand information on U.S. immigration. The launch event has limited slots and is currently in high demand for reservations, so hurry to secure your spot!
For inquiries in mainland China: 400-138-2929, Hong Kong customer service center: (852)2802 8798
*Investment involves risks; the above information is for reference only.*
