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Questions and Answers > EB-5 Investments

Does USCIS pay on-site visit to EB-5 direct investment businesses?

My EB-5 direct business is active in the U.S. and is waiting on an I-526 approval. Does USCIS make visit to business site during I-526 processing stage or any time after that? If yes, do they inform the petitioner before visit?

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Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Not common, but USCIS does make site visits.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Sometimes and usually no advance notice.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Site visits are not planned or announced. USCIS can visit at any time. In my experience, filing of an I-485 or I-829 tends to trigger a visit.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I have never known them to make a site visit. But it is not impossible.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Site visits have become more common, though it is still pretty rare overall. Notice is often not provided, however, many times the investigating officer will leave a list of things they want to see and arrange to come back. These visits can come during or after I-526 processing. It is best to help your staff understand what could happen and to be prepared with some details on the business and investment.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    While it is not common for USCIS to conduct site visits during the I-526 processing stage, USCIS does conduct site visits on occasion, both announced and unannounced, depending on what type of information is requested by the adjudicating officer. This could be for I-526 or I-829 processing. USCIS also conducts site visits for other nonimmigrant and immigrant petition processing from time to time. The adjudicating officer will have a suspicion or actual information calling into question one or more facts regarding the I-526 petition. The officer then contacts the Fraud Detection and National Security Directorate, who either conducts the site visit directly or works with contracted investigators or other U.S. law enforcement agencies to obtain the information for the adjudicating officer to complete the processing of the petition.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The answer is Yes. We have experienced this first hand and you and your investment immigration attorney should be prepared for this to occur.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Site visits are less common for I-526 cases but can be conducted at any time the government suspect fraud. If they do a site visit, USCIS rarely provides advance notice.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, USCIS does not pay on-site visits to projects.