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EB-5 Visa Blog

3 New Trends in I-526 RFEs

Kate Kalmykov

Home Equity Loans 

USCIS is asking for proof the investor can repay the home equity loan. In their review, the Service is requesting information to demonstrate ability to repay the loan and in particular the balloon payments at the end of the loan term. Specifically, the Service wants confirmation of how the investor can pay back the EB-5 investment amount within 2 years. To this end, the USCIS wants bank statements, payroll records and tax returns to corroborate ability to repay.

 

Company Equity Loans 

USCIS is asking for proof of company bank statements for 5 years and invoices, as well as information on all major contracts, for proof that the company is doing business and has the retained earnings to lend to the investor. This is in addition to any financial statements provided.

 

General 

Investor worked at X company and USCIS has compared it against previous non-immigrant visa applications they have filed with a U.S. Consulate or Embassy overseas on forms DS-156 or DS-160 for consistency. Specifically, RFEs on this issue state that the “investor says he was working at X Company making X amount per year and our records indicate he was working at Y. Explain.” This indicates that USCIS is working in conjunction with the Department of State to compare previous visa applications against work histories of investors and documents presented in the I-526 petition filing.

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