What are the consequences of submitting Form I-924A late? - EB5Investors.com

What are the consequences of submitting Form I-924A late?

What will happen if USCIS does not receive a regional center”s Form I-925A by December 31? Can the regional center continue to operate even if the Supplement is received late?

Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

It will likely result in a Notice of Intent to Terminate from USCIS. A regional center should articulate reasons for late filing, but should be able to operate in the interim. It is highly advisable not to file late.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

USCIS may issue a notice of intent to terminate, asking for explanations as to why the I-924A was not received on time. It is extremely important to comply with this deadline!

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

A late filed I-924A could result in a notice of intent to terminate (NOIT). The regional center can continue to operate as long as its USCIS designation remains valid. The regional center should respond to the NOIT with evidence as to why the I-924A was filed late and include other evidence to show that it is in compliance and should keep its regional center designation.

John J Downey

John J Downey

Immigration Attorneys
Answered on

Send it in as soon as you can with a letter explaining the delay. It should be alright.

Dawn M Lurie

Dawn M Lurie

Immigration Attorneys
Answered on

The due date for the I-924A is December 29th, not December 31st. A late submission risks a Notice of Intent to Terminate being issued by the U.S. Citizenship and Immigration Services (USCIS). I suspect, if you can provide a good reason, the USCIS may accept a late filing. In the interim, the regional center may continue to operate as the termination is not automatic, but rather part of a process the USCIS will initiate. Generally, the regional center will be provided with an opportunity to explain the lack of filing and/or late filing after it receives a Notice of Intent to Terminate. You should also consider the lack of filing/compliance will need to be disclosed in any offerings or other related project materials.

Oliver Huiyue Qiu

Oliver Huiyue Qiu

Immigration Attorneys
Answered on

If a regional Ccenter fails to submit Form I-924A - the annual report, USCIS will issue a notice of intent to terminate the participation of a regional center in the pilot program. The notice of intent to terminate shall be made upon notice to the regional center and shall set forth the reasons for termination. The regional center must be provided 30 days from receipt of the notice of intent to terminate to offer evidence in opposition to the ground or grounds alleged in the notice of intent to terminate. If USCIS determines that the regional center''s participation in the Pilot Program should be terminated, USCIS shall notify the regional center of the decision and of the reasons for termination. The regional center may appeal the decision to USCIS within 30 days after the service of notice.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

It is advisable to always file timely. If filing late, then valid reasons should be submitted with the late filing, and then the USCIS has discretion as to whether to accept the late filing.

Daniel B Lundy

Daniel B Lundy

Immigration Attorneys
Answered on

Please note that the deadline for filing the I-924A is, in fact, December 29 and not December 31! If the form is not filed on time, USCIS may issue a Notice of Intent to Terminate. However, until the NOIT is issued and the regional center terminated, it may continue to operate. While filing late is a bad idea and should be avoided, we suspect that USCIS may exercise some discretion in favor of those who file a day or two late. Anyone planning on filing, however, should not count on this, and should assume that the deadline is a hard deadline. That said, better to file late than not at all.

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