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How likely is it that USCIS will issue a project-related RFE at the I-526 stage in an exemplar project?

Our EB-5 project just received its exemplar approval from USCIS. Does it mean it is unlikely for USCIS to issue a project-related RFE to the investors of this project at the I-526 stage? Why or why not?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    RFE is still possible and cannot be completely ruled out, as USCIS may request updates on the project progress given current lengthy processing times for I-526s.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    An exemplar approval from USCIS is not necessarily an iron-clad guarantee that no project-related RFE will not be issued. The circumstances and information provided by subsequent investors and any material changes in the project development after the exemplar approval may or may not trigger an RFE. Keep abreast of developments and news on your projects.

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    Phuong Le

    Immigration Attorney
    Answered on

    Depending on when the I-526 petitions for a project are filed, it's not unusual for a project-related RFE to be issued later on at the I-526 stage. Why? Depending on the project, if financing/construction appears to still be in the very early stages, over two years may have passed once USCIS finally adjudicates the I-526 petition. They may simply issue an RFE to check on the status of the project at that stage.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    RFE would likely be related to your source of funds, not the project, unless they learn of a material change.

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    Darren Silver

    Immigration Attorney
    Answered on

    It is unlikely as USCIS has already reviewed and adjudicated project-related materials. However, it is still possible that they revisit the project-related materials when the first few I-526s are adjudicated.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, exemplar approval does not mean USCIS will not issue a project-related RFE. I just had a case where there was an exemplar approval of the project and they still requested the updates on the project in their RFE. With the I-526 cases taking more than two years of processing, I think there will be many cases where the project documents may have to be updated from the filing of the exemplar.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. In a nutshell, when USCIS issues an approval to a project and the project becomes "exemplar" approved, chances of getting a project-related RFE becomes very remote. Because the approval states that USCIS agrees with the result of the economic report.

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    Charles Foster

    Immigration Attorney
    Answered on

    Given the fact that the USCIS has approved an exemplar for the EB-5 project, it is unlikely that the USCIS will issue a project-related RFE on the project at the I-526 stage unless it relates to the investor's source of funds given the fact that the USCIS has already examined the EB-5 project and same was the basis for the exemplar approval.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Having an approved exemplar EB-5 project does not guarantee that a project related RFE will not be issued. USCIS may request further information regarding the project if it deems necessary for clarification or updated information, etc.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would consider it possible, even if unlikely, as I have seen project RFEs issued to I-526 petitioners after some or many other I-526 petitions for the same project were approved. At that point, any issue the reviewing officer sees would be fair game.

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