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Questions & Answers

How can an EB-5 regional center avoid getting RFEs?

I've heard project RFEs can be very expensive. Can you provide some common reasons why regional centers receive RFEs? Is there any way to avoid them? If we receive one, would we have to put the whole project on hold until it is resolved?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you use an experienced EB-5 immigration attorney and team of other professionals, you will greatly reduce your chances of getting an RFE.

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    Kyle Barella

    Immigration Attorney
    Answered on

    RFEs may be issued for a number of reasons. I would suggest speaking with an EB-5 attorney for greater detail on what may trigger an RFE.

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    Charles Foster

    Immigration Attorney
    Answered on

    A regional center may receive a Request for Evidence (RFE) in conjunction with its original petition to qualify the regional center or in conjunction with an exemplar file or in conjunction with an individual EB-5 investor petition filed on Form I-526. There would be multiple reasons why a regional center may receive an RFE in terms of how the project is structured, whether or not it qualifies at the low end $500,000 by being located in a Targeted Economic Area (TEA), its methodology for establishing that it creates the minimum number of jobs, or a variety of other possible issues. If an RFE is received, it does not necessarily put the individual I-526 petition on hold.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The best way to avoid RFEs is to go plain vanilla. Hire experienced professionals and try not to be too creative.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Using an experienced legal team helps. However, because every project is unique, RFEs are almost unavoidable. Usually projects go on as planned while documents for RFE are being collected; typically you do not need to put anything on hold.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Best way is to make sure the paperwork is thorough when you submit the case.

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