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What are the chances of my I-526 approval for EB-5 after RFE is issued?

My RFE is related to my business plan and not source of funds. In the business plan I projected it will create jobs in 2 years. My application was filed in 2018 and my application was adjudicated in 2021. I could not follow the business plan in hiring timetable and generating revenue because I had no visa and it was during Covid. But I submitted an updated business plan with updated hiring projections. What are the chances of my I-526 approval?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They want to see job creation and the application has to be complete as of the time of filing, so it really depends on whether your business plan is realistic. Sounds like you have not done much and one can always hire a manager to start the business, although I understand that is not optimal.

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    Ed Beshara

    Immigration Attorney
    Answered on

    In response RFE as long as the business plan does not include material changes in regard to the business activity, your I-526 petition should be approved.