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What kind of investors are exempt from interviews for EB-5 I-485 adjudication?

Are all EB-5 investors who file I-485 applications being interviewed nowadays? Last September I read that some investors are exempt from such an interview. What kind of investors can enjoy this?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They did indicate that they were going to interview all EB-5 adjustment applicants, but so far we seeing many approved without an interview.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    All employment-based adjustment of status applicants, including EB-5 investors, are subject to an interview. It may be waived in USCIS' discretion on a case-by-case basis. Generally, this may apply to situations where there are no eligibility or inadmissibility issues and it is clear from the record. If you are consular processing for an immigrant visa abroad based on an approved EB-5 case, then you will be required to attend a consular interview.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Most EB-5 investors are not interviewed for their adjustment of status interviews if their eligibility to adjust and their admissibility to the United States is clear from the documentation submitted in the record. If USCIS has a question about adjustment of status eligibility or admissibility, there will be an adjustment of status interview. Of course, all EB-5 immigrant visa applicants who are abroad are personally interviewed at the U.S. embassies or consulates in their respective home countries.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    As a practical matter, all applicants for adjustment of status, based upon an approved EB-5 investor petition, are subject to an interview. While some may be randomly exempted, the vast majority will be interviewed.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As of Oct. 1, 2017, the new USCIS policy is to begin requiring in-person interviews for employment-based permanent residency processing. This would include EB-5-based green card processing. No exemption based on this policy.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There is no set rule. It appears to be a subjective decision. While USCIS reserves the right to interview candidates they do not necessarily exercise that right. In 2017, USCIS instituted a mandatory interview process for all employment-based applicants, including EB-5 applicants. As a result, we all expected that under the current Trump administration more people would be called for interview, but the actual practice does not seem to follow our conviction.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Most of our EB-5 clients are being interviewed on the I-485s. If they are processing abroad, the interview occurs at the American consulate.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Most EB-5 investors have the interview waived, but it is the USCIS' decision.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    None.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no a set of rules why some applicants are interviewed or why some are not interviewed. The USCIS makes its decisions as the situation requires.

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    Karuna Chandani-Simbeck

    Immigration Attorney
    Answered on

    While USCIS indicated that all employment-based adjustment cases would be interviewed, we continue to receive adjustment approvals without interviews. However, it appears that USCIS has started conducting EB-5 adjustment interviews and we expect that at some point all EB-5 investors will be interviewed.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I haven't heard of any EB-5 investors being called in for an adjustment interview. Originally, only EB-1, 2, 3, and 4 were subject to the new mandatory adjustment interview policy.

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