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What should I do with my EB-5 RFE if they ask for a TEA designation letter?

I filed my I-526 EB-5 direct application of $500k in the month of Aug 2021 and within 9 months got an RFE - asking only for NY state TEA designation letter (dated after Sept 2020 and later). While filing the application, the third party TEA Qualification Report was submitted. My attorney and their legal rep. are saying that the State of New York has stopped issuing TEA designation letters after the EB-5 Reform and Integrity Act of 2022 was signed into law on March 15, 2022. I am really confused with my case, and not finding what needs to be done to get my case approved. What should I do?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The TEA determination is now up to the USCIS, so you need to submit relevant data and let them adjudicate - cannot force the state to comply.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Perhaps the TEA letter you got previously was disconnected from the file. Can you re-send that?