Can USCIS deny my I-829 due to problems with my EB-5 project? -

Can USCIS deny my I-829 due to problems with my EB-5 project?

My EB5 project (a large 300+ people project) took more than 1 year to complete the redeployment process, from March 2021 to November 2022. Some investors are concerned that this could break the USCIS at-risk requirements, which will cause a denial of I-829. I understand that EB-5 lapsed for almost a year between 2021-2022, so some say that this time should be deducted since it is simply impossible to invest in an uncertain environment when the underlying legal basis was suspended. I also understand that it is difficult to secure a sensible investment in the same area & industry of the regional center. Would USCIS consider all of these factors and still deem this as a “commercially reasonable timeline”?


Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You would argue all of these things in a response to the RFE/NOID…

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