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[Q] What if T5 classification is accorded to I5 case mistakenly?


[Q] Is it a mistake for USCIS to classify on I-526 or I-485 receipt and approval notices an EB-5 case as "T5" when the EB-5 case combines both a regional center (RC) and a targeted employment area (TEA)? USCIS often classifies an EB-5 case as "T5" when it should actually classify the case as "I5". However, our understanding is that T5 (TEA) does not necessarily exclude I5 classification, which combines both TEA and RC features. What is the step that needs to be taken to correct the wrong classification symbol specified in the receipt or approval notice? This problem can arise in a following-to-join scenario where the U.S. consular post argues that the "T5" category indicated on an I-485 approval notice should be corrected to "I5".

USCIS Answer: There is really no need to seek a correction as they both indicate an EB-5 immigrant and that is the essential matter. If there are specific cases in which there has been a problem, please provide the information to us.

Question asked and answer given by USCIS during June 24, 2009 Stakeholders meeting were:

Is it a mistake for USCIS to classify on I-526 or I-485 receipt and approval notices an EB-5 case as "T5" when the EB-5 case combines both a regional center (RC) and a targeted employment area (TEA)? USCIS often classifies an EB-5 case as "T5" when it should actually classify the case as "I5". However, our understanding is that T5 (TEA) does not necessarily exclude I5 classification, which combines both TEA and RC features. What is the step that needs to be taken to correct the wrong classification symbol specified in the receipt or approval notice? This problem can arise in a following-to-join scenario where the U.S. consular post argues that the "T5" category indicated on an I-485 approval notice should be corrected to "I5".

USCIS Answer: There is really no need to seek a correction as they both indicate an EB-5 immigrant and that is the essential matter. If there are specific cases in which there has been a problem, please provide the information to us . . .