You are hereFrequently Asked Questions / EB-5 Processing & Procedures / [HOT] [Q] If there are 50 investors in a RC based project, and CSC approves I-829s for 20 investors, does this mean others will be approved?
[HOT] [Q] If there are 50 investors in a RC based project, and CSC approves I-829s for 20 investors, does this mean others will be approved?
Not really. First, whether the job-creation requirement has been met depends on each I-829 case. Second, even if the job-creation requirement for all 50 I-829 petitions have been satisfied, the way CSC adjudication seems to work, each examiner makes his or her determination even where all relevant facts are the same; therefore, even though some examiners may have already approved I-829s in a particular EB-5 project based on the same facts, another examiner may decide 3 or 4 months later to issue RFE or deny the I-829. Although from a legal perspective, each petition stands on its own, logically or common sense wise, as many of our users point out, this makes absolutely no sense.
This may be the case because CSC does not appear to have any data system to track multiple I-526 or I-829 petitions filed for one EB-5 project, or because each examiner may have a different understanding of the preponderance of evidence standard or sometimes different understanding of the controlling EB-5 law. Therefore, even if it appears that CSC has been approving multiple I-829s for the same project for the past 6 months, this does not guarantee future I-829s will be approved, even if the job-creation has been met.
Many of our users have aptly noted that this points out the issue of inconsistency in adjudication at CSC, but currently, there appears to be nothing we can do except complain.