There are three letters – RFE – that no EB-5 investor wants to hear after filing their I-526E petition. RFE stands for Request for Evidence and are a formal request issued by U.S. Citizenship and Immigration Services (USCIS) when additional information or documentation is needed to make a decision on the investor’s petition.
While not the norm, RFEs for I-526E petitions are not uncommon. EB-5 petitions can be complex and can be document heavy so it is not surprising that USCIS adjudicators may have questions. RFEs are not an indication that a petition is likely to be denied and should not be cause for panic.
Common Reasons RFEs are Issued
RFEs for I-526E petitions are typically issued for several key reasons. The most common involve inadequate documentation of the investor’s lawful source and path of investment funds. USCIS must be able to trace the funds from their lawful origin to their transfer to the New Commercial Enterprise (NCE). Any gaps or inconsistencies can trigger an RFE.
Another frequent issue arises from incomplete or inconsistent project documentation related to the NCE or Job-Creating Entity (JCE), especially when the regional center fails to properly file or support Form I-956F, which outlines the specifics of the investment project. Additionally, USCIS sometimes raises concerns about whether the investment meets the “at risk” requirement or whether the proposed project is likely to create the required number of jobs.
RFEs may also focus on compliance with new integrity measures under the RIA, such as fund administration, third-party audits, or regional center compliance with updated operational standards. Working with an experienced regional center can help reduce the chances of receiving an RFE due to project-related questions.
How to Handle an RFE
The best way to handle an RFE is to work with an experienced immigration attorney to respond thoroughly, clearly, and within the specified deadline, which is usually 87 days. A comprehensive response should directly address each concern raised in the RFE and include organized, clearly labeled supporting documentation.
It is essential to include certified English translations of all foreign-language documents and provide a clear, step-by-step narrative that explains the lawful source and path of the investment funds if that is an issue raised by the RFE. Engaging an experienced EB-5 immigration attorney is highly recommended, as RFEs often involve complex legal and financial nuances.
Finally, it’s important to ensure the response is submitted before the deadline, as USCIS generally does not grant extensions. A well-prepared RFE response can significantly improve the chances of petition approval and help avoid further delays or denials.
The above article is intended for informational purposes only and is not based upon any specific set of facts. Anyone with specific questions or issues concerning EB-5 or H1-B should consult an immigration attorney.
