How should exemplar project changes be submitted? - EB5Investors.com

How should exemplar project changes be submitted?

We have an exemplar approved project that needs some minor changes. They are not material in nature. How would I submit the updated material to USCIS for approval? Would I need to submit the entire package again with the updates, or would I be able to just provide the corrections in a supplemental letter?

Answers

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

Minor changes can either be submitted on an I-924 application or submitted with the first filing of an I-526 petition. At the time of filing the I-526 petition, the USCIS will clearly be notified of the minor changes.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Send them an email and inquire describing the type of changes you are considering.

John J Downey

John J Downey

Immigration Attorneys
Answered on

If it is not a material change then a simple letter describing the change should suffice.

Oliver Huiyue Qiu

Oliver Huiyue Qiu

Immigration Attorneys
Answered on

As a regional center operator, you could be in for a big surprise that USCIS may consider various changes that are minor in your eyes, but material according to USCIS. Having said that, you could send a general question via email to the USCIS EB-5 Adjudication Unit to seek guidance. You could also proceed to file the first I-526 with reference to the changes, instead of another exemplar I-526. The risk is not having the deference that an approved exemplar I-526 will carry.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Based on the most recent policy memo issued by USCIS (back in May 2013), you can make some minor changes in the I-526 petitions filed for the project and, if approved, USCIS should apply the changes to future I-526 petitions as well. You can also go the traditional amendment route, but that may add a lot of additional time to an already long process.

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