How can an EB-5 regional center avoid getting RFEs?

Having the right team of professionals prepare the EB-5 project documents will go a long way. RFEs are a normal part of the EB-5 process (and all immigration processes), even for the most experienced attorneys, and should not be seen as disastrous for the project. Just a bureaucratic hoop to jump through!

There is nothing better than thorough paperwork that details and supports all requirements for the EB-5 Immigrant Investor Program. Consulting with an experienced immigration attorney and/or securities lawyer may also be advisable.

If you use an experienced EB-5 immigration attorney and team of other professionals, you will greatly reduce your chances of getting an RFE.

RFEs may be issued for a number of reasons. I would suggest speaking with an EB-5 attorney for greater detail on what may trigger an RFE.

A regional center may receive a Request for Evidence (RFE) in conjunction with its original petition to qualify the regional center or in conjunction with an exemplar file or in conjunction with an individual EB-5 investor petition filed on Form I-526. There would be multiple reasons why a regional center may receive an RFE in terms of how the project is structured, whether or not it qualifies at the low end $500,000 by being located in a Targeted Economic Area (TEA), its methodology for establishing that it creates the minimum number of jobs, or a variety of other possible issues. If an RFE is received, it does not necessarily put the individual I-526 petition on hold.

The best way to avoid RFEs is to go plain vanilla. Hire experienced professionals and try not to be too creative.

Using an experienced legal team helps. However, because every project is unique, RFEs are almost unavoidable. Usually projects go on as planned while documents for RFE are being collected; typically you do not need to put anything on hold.

Best way is to make sure the paperwork is thorough when you submit the case.