Should I inform USCIS if the EB-5 project I invest in receives an exemplar approval after I file I-526? - EB5Investors.com

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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
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.

Barbara Suri

Barbara Suri

Immigration Attorneys
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.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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&#39 lawful source of funds component.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

It&#39s 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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

USCIS may know, but it wouldn&#39t be a bad idea to send a little letter to USCIS letting them know.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Sally Amirghahari

Sally Amirghahari

Immigration Attorneys
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

No need to do anything; USCIS approved the exemplar.

Mitch Wexler

Mitch Wexler

Immigration Attorneys
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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Can&#39t hurt.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Can&#39t hurt to inform USCIS.

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