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EB-5 Processing & Procedures


FAQs on step-by-step procedures involved in all phases of EB-5 processing

[Q] How long does CSC take after submitting RFE response to decide EB-5 case?

CSC says that they try to decide the case within one month of receiving RFE response. However, you should take that with a grain of salt. Based on our experience, CSC can take as long as it wants to decide the case even after receiving RFE response, especially if the RFE deals with policy issues.

[Q] What is the current procedure for Attorney change of address?

This question was answered on May 10, 2010 during the Central Florida Chapter – Orlando USCIS Liaison Minutes as follows:

In order to change address at the local USCIS Orlando office, the attorney needs to write a letter stating their new address and attach a copy of their bar card. In order to change the address at USCIS service centers, the attorney will have to file a new Form G-28 for every client. Currently, there is no procedure for attorneys to file one form and change address for all clients.

Sure wish there was that one "magic" single G-28 form which would change address for all cases under the Attorney's representation!

Also, go to the below link to find out how to get G-28s recognized by USCIS.

http://eb-5center.com/node/976

[Q] Can a dependent precede the Principal Applicant into US after all family members obtain Immigrant Visas?

No, after the entire family members (including PA) obtain Immigrant Visas from the American Embassy, the PA and dependents must either enter the U.S. together as immigrants or PA must enter the U.S. as an immigrant first and then followed by dependents. This is because all the rights of the dependents "depend" on the PA's rights.

[Q] Where do you send I-526 based I-485 applications?

As of May 3, 2010, applicants for I-526-based I-485s must file at a lockbox address depending on where the applicant resides. See page 7 of the below link:

http://www.uscis.gov/files/form/i-485instr.pdf

[HOT] [Q] Can you tell me a little bit about the California Service Center facility and EB-5 Unit?

Yes, we can tell you a little bit of the CSC facility because we recently participated in an AILA sponsored tour of the CSC facility (conducted by CSC staff) on April 28, 2010. Here are personal observations:

1. CSC facility, a yellow-orange colored pyramid like building, is located at 24000 Avila Road, Laguna Niguel, CA. For those of you who are not familiar with Laguna Niguel area, it is relatively affluent area around 30 minutes away from Irvine, CA and around 50 to 60 minutes away from the Los Angeles, CA. I always imagined the CSC as being located in the middle of a desert but that was not the case.

[HOT] [Q] Why the Dec. 11, 2009 Neufeld guidance memo is impractical and does not represent the EB-5 law

[Q] The December 11, 2009 Neufeld guidance memo basically allows the petitioner to file second I-526 petition in case "material" changes (no one knows what they are) take place to the underlying EB-5 project AFTER I-526 petition approval, and if new, second I-526 petition is filed and approved, petitioner must then abandon their conditional permanent resident (CPR) status by using form I-407 and then re-apply via I-485 to reacquire and go through their new, two-year CPR status. What is wrong with this scheme?

* First, note that USCIS itself says contents contained in their guidance memos do not constitute law and cannot be relied upon in any dispute but is issued only to guide CSC examiners.

[Q] What is the track record of AAO ever reversing the Service's decision on EB-5 case?

Let's put it this way: We have not yet seen or heard the AAO ever reversing the Service's denial on either I-526 or I-829 petition in the history of EB-5 cases. We cannot be certain if this means AAO has never overturned the Service's decision on EB-5 case, as there is no such record.

[Q] Where I-485 is pending based on approved I-130 petition, and I-526 is approved, should another I-485 be filed?

The best way is to contact the CSC and let them know that I-485 is pending for another category and that I-526 immigrant petition has been approved. CSC will then allow the existing I-485 to be decided based on the approved I-526, so you don't have to file another I-485 and pay additional I-485 related filing fees.

[Q] Can "examplar" or "dummy" I-526 petition be filed for non-regional center regular EB-5 case?

According to CSC, the answer is "no". This is possible only for regional center based amendment applications or initial regional center designation applications.

[Q] At which facility are green cards produced?

We asked this question to the CSC staff, and they informed us for most cases, green cards are produced just at one green cards production facility located in Corbin, Kentucky.

[Q] What is the significance of receiving I-829 receipt notice from CSC?

First, it means your case has been received and inputted into USCIS computer system.

[Q] After I-526 petition, is it better to do IV processing or I-485?

It really depends on many facts, and the ability of the investor and family members to physically remain in the U.S. for many months.

Normally, we would say do IV processing, unless there is some urgent need to emigrate to the U.S. quickly, or the Investor and family members are already physically staying in the U.S. on nonimmigrant visa status.

[Q] Is there a concurrent filing for I-526 and I-485 applications?

No. The "concurrent" filing is a procedure allowed by USCIS where an underlying immigrant petition and I-485 adjustment applications are filed with an appropriate Service Center at the same time.

Why doesn't USCIS allow the concurrent filing for EB-5 cases? It's because they don't have enough manpower, and they believe I-526 petitions are too complex to be adjudicated so quickly.

[Q] Can follow-to-join dependents be included in the same I-829?

[Q] USCIS touched upon this issue in the past, but the answer provided then was unclear, so this is a follow-up. Can a dependent spouse and children be included in the same I-829 petition with the principal applicant (i.e., the investor), even when the conditional resident status for the spouse and children will expire several months later than the principal applicant's conditional resident expiration date? Furthermore, even if the dependents are not included in the principal applicant's I- 829 application, once the principal applicant's I-829 is approved, will the dependents' I-829s be deemed to be approved, without filing separate I-829 by the dependents?

USCIS Answer: Yes they can be included as their status is directly related to the investor’s status as long as the adjudication of the I-829 occurs after the derivatives have reached the filing period described in INA § 216A.

[Q] Divorce or death after I-829 is filed but still pending?

[Q] 8 C.F.R. § 216.6(a) clearly states that where the principal applicant dies or gets divorced during the two-year conditional resident period, the former spouse and children can file I-829s together or separately. What if the divorce or death takes place after the 2-year conditional resident period but while the I-829 is still pending? What happens then? A reasonable interpretation would be that the answer remains the same.

USCIS Answer: The situation is handled in the same manner.