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Should I inform USCIS if the EB-5 project I invest in receives an exemplar approval after I file I-526?

My project received an exemplar approval after I submitted my I-526 application. Do I need to ask my attorney to inform USCIS of this, or will the USCIS automatically know? Could this exemplar approval expedite the processing of my pending case?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It would be good to make sure USCIS is aware that your project has the exemplar approval. USCIS will grant deference to an EB-5 project with such an approval, and that means that if your I-526 has the same business plan, transactional agreements and economic report as the exemplar petition, then USCIS need focus only on your source of funds.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can advise them (although they should be aware of it since it is an approval from the USCIS) and nudge them for a favorable and expedited processing at the same time.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Exemplars are adjudicated by the USCIS. They would know whether or not one was approved for the project in which you are invested. I am not sure that your informing them of their approval would expedite the processing of your I-526.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No need to inform USCIS that your project has gotten exemplar approval. This is because the entity that gives the approval is USCIS itself! Exemplar approval could expedite the processing time somewhat, but the approval depends on so many other factors as well that at the final analysis it might not make much difference.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may have your attorney inter-file in your pending I-526 petition. USCIS will know this information. Exemplar approval will not necessarily expedite your individual I-526 petition. What it means USCIS has approved project documentation and will defer to this approval in adjudicating individual I-526 petitions filed in the project. It will focus on EB-5 investors' lawful source of funds component.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Can't hurt to inform USCIS.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Can't hurt.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    It is most common that the project or regional center put together a letter with the exemplar approval attached for the attorney to submit on your behalf. This keeps the messaging and communication to USCIS consistent.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    No need to do anything; USCIS approved the exemplar.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    No, it is not necessary for you to notify the USCIS. They probably already know that since they are the one that issued it. So, all files will get updated. Generally, it does help pending cases invested in that project to be process faster.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is best to advise them although they should know it is very relevant and can only help.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You should work with your regional center to see if anything can be done since it filed for and obtained the exemplar approval. One-on-one individual contact with the USCIS will not change anything.

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    Charles Foster

    Immigration Attorney
    Answered on

    It's not necessary to inform USCIS if your EB-5 project recently received an exemplar. In fact, while you can do so, there is no specific requirement. In theory, USCIS itself should know and be able to determine that an exemplar has been approved. Yes, the approval of the exemplar should make it easier for the USCIS adjudicator to approve your EB-5 petition, although not necessarily any faster.

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