+1-800-997-1228
Questions & Answers

Could the approval of an EB-5 exemplar project be deemed a significant change?

I submitted an I-526 last March and my application is pending. When I applied, the regional center project was not an exemplar project. Recently, I was informed that the project has received an approval as an exemplar project. Could this be considered a significant change by USCIS? Will this change impact my case?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If anything, this is good. USCIS has accepted the project documents as approvable and can focus only on your source of funds.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    That is great news. It will definitely have a positive impact on your case processing, and you should definitely notify USCIS of the new development.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    The approval of an exemplar project would not be considered a significant change by USCIS, nor will it impact your case other than the fact that it might help same, given the fact that your I-526 petition should contain facts similar to the facts that were proved in the exemplar. Thus, it gives you a higher degree of certainty that your I-526 petition will also be approved.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    An exemplar approval is good if it is exactly the same documents as submitted with your I-526 petition. It means USCIS has an approved business plan and other documentation of the project and will defer to that decision in reviewing your individual I-526 petition. It will mainly focus on your source of funds to adjudicate your I-526.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is good news and your attorney should let USCIS know about the exemplar approval

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Exemplar approval is a very positive change. It means that the project has been deemed by USCIS to meet the requirements of EB-5. This means that the approval of your application turns on the documentation of your source of funds.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    This is a good thing, not a reason to worry.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    If the exemplar has the same exact project and EB-5 documents that were submitted with the your I-526 petition, then this is good news. It should only affect your case positively because now USCIS should only have to review your source of funds to finish the I-526 adjudication.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. It is significant and it is a positive development. What it means is as follows: USCIS has reviewed the EB-5 project and has deemed the project's offering documents, business plan and economic report compliant. Essentially, if the developer spends at least what is projected in the budget and completes the construction of the project, then the jobs that were projected to be created in the business plan will be deemed to have been created. It will make the I-526 approval much more certain. At this point, what could go wrong would be investor specific issues such as unsatisfactory source of funds.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It may have a favorable impact on your case unless the delay is because of issues with your source of funds.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.