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How many RFEs does USCIS issue on average for EB-5 petitions?

I would like to know more about Requests for Evidence in terms of the I-526 petition. How many RFEs are generally issued by USCIS for I-526 petitions? Is the EB-5 petition fully reviewed before sending out the first RFE on that particular petition? Or, does USCIS come across a point in the petition, sends an RFE, and awaits response before further review of the petition?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    USCIS will review the entire petition before it issues an RFE. If your attorney has prepared your case well, this significantly minimizes the chance of an RFE. An RFE may be a project-based one where a project will need to respond to the RFE. Most of our cases are approved without an RFE.

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    John J Downey

    Immigration Attorney
    Answered on

    I have no idea how many they send out, although usually you only get one. They review the entire project before sending out an RFE.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS should, and appears that it usually does, review an entire petition before issuing an RFE. The most recent stats we were given was that for the financial year of 2015, more than 7,700 I-526 petitions were received, nearly 6,500 were approved, and 663 were denied.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    With over 12,000 petitions received by USCIS during this fiscal year (from 10/1/2014 - 9/30/2015) thus far, USCIS tries to review and adjudicate these cases as efficiently and completely as possible. Thus, they will review the entire petition and issue an RFE on items/issues that are missing, whether on source of funds or business side documents. If the RFE response does not address all of the issues that they had requested, then they may issue an additional RFE, but this is up to the attorney responding to the RFE on how well they had presented their case. Many times, the cases that are prepared well and completely will be approved without any RFEs. Most of the very experienced EB-5 attorneys will try to prepare the I-526 petitions so that they do not get RFEs and get very few.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I do not think there are any statistics on the number of RFEs; a well-prepared I-526 usually does not get an RFE, but occasionally there is a point the Officer is not clear about. My experience is the officers review the whole case and RFE for everything they need at one time.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Most of our cases are approved without an RFE; generally there is only one RFE, if any. They are not mandatory.

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