My I-526 got approved in June 2015 and has recently been revoked. The USCIS investigated the project from June 2022 to April 2023 and issued a NOIR in August 2023. After sending RFE materials to USCIS on Sept. 2023, I got a NOR on 12/9. What is my likelihood of applying for a re-open and maintaining my priority date?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyWould need more facts to give you an opinion - especially why revoked if it had to do with wrongdoing by you vs. the Regional Center.
Michael A Harris, Esq
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your project was revoked for reasons relating to fraud, intentional material misrepresentation, or criminal misuse, then USCIS is required to notify investors and should, in my opinion, ''debar'' the project and NCE. If that is the case, then each investor may need to associate with a new NCE and invest additional capital solely to satisfy remaining job creation requirements. Funds recovered by the investors from the project may be utilized as part of that reinvestment. These changes are new, as a result of the law amending the INA last year. USCIS has not put out further guidance on how investors can further invest or amend and re-file. Re-filing under these provisions would allow an investor, under the RIA, to retain their priority date.
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