Could the approval of an EB-5 exemplar project be deemed a significant change? - EB5Investors.com

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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

Charles Foster

Charles Foster

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Marko Issever

Marko Issever

EB-5 Broker Dealers
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&#39s 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.

Blake Harrison

Blake Harrison

Immigration Attorneys
Answered on

The exemplar approval is actually beneficial to your case. This means that USCIS has reviewed the project documents and determined that it qualifies under the EB-5 regulations.

Phuong Le

Phuong Le

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

An exemplar approval should not be considered a material change unless the business model or something else drastically changed in the business plan, economic analysis or offering documents from when your I-526 was submitted. If anything, an exemplar approval should help your case, not negatively affect it.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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

Vaughan de Kirby

Vaughan de Kirby

Immigration Attorneys
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.

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