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How should exemplar project changes be submitted?

We have an exemplar approved project that needs some minor changes. They are not material in nature. How would I submit the updated material to USCIS for approval? Would I need to submit the entire package again with the updates, or would I be able to just provide the corrections in a supplemental letter?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Minor changes can either be submitted on an I-924 application or submitted with the first filing of an I-526 petition. At the time of filing the I-526 petition, the USCIS will clearly be notified of the minor changes.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Send them an email and inquire describing the type of changes you are considering.

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    John J Downey

    Immigration Attorney
    Answered on

    If it is not a material change then a simple letter describing the change should suffice.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    As a regional center operator, you could be in for a big surprise that USCIS may consider various changes that are minor in your eyes, but material according to USCIS. Having said that, you could send a general question via email to the USCIS EB-5 Adjudication Unit to seek guidance. You could also proceed to file the first I-526 with reference to the changes, instead of another exemplar I-526. The risk is not having the deference that an approved exemplar I-526 will carry.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Based on the most recent policy memo issued by USCIS (back in May 2013), you can make some minor changes in the I-526 petitions filed for the project and, if approved, USCIS should apply the changes to future I-526 petitions as well. You can also go the traditional amendment route, but that may add a lot of additional time to an already long process.

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