Posts Tagged ‘EB-5 Investment Visa’
According to the USCIS, unlike I-526 denial due to Investor issues (ill-gotten funds, OFAC listed, illegal occupation, criminal conviction, etc.) where it is typically doubtful a second application will be successful, the EB-5 Investor may reapply for another project if the EB-5 applicant’s I-526 petition is denied for “Project” reasons (insufficient job creation, etc).
While most applications are returned by USCIS (unapproved) to petitioners with Requests for Evidence (RFE) an RFE is not a denial in the eyes of USCIS. It is simply a next step in the process of developing the petition. Each evidentiary issue in question is to be addressed by the applicant and then submitted back to USCIS for eventual approval.
Unlike a true Denial, most I-526 RFEs can be overcome. However, RFE issues that involve the regional center program or project may not be so easy to resolve. If they cannot be resolved the case could be denied altogether. In many cases it may be better to withdraw an I-526 petition endangered because of program or project issues and refile, rather than appeal or fight USCIS.
Last year the approval percentage for I-526 petitions was only 79 percent. No matter how carefully a specific EB-5 project is carried out many factors, both within and beyond the control of a specific EB-5 project can adversely affect the EB-5 project and its investors.
According to the USCIS, its Administrative Appeals Office (AAO) has jurisdiction over the appeals from decisions on most immigration petitions and applications that are entered by USCIS regional service centers and district offices.
There are numerous types of petitions and applications within the AAO’s jurisdiction, including employment-based immigration petitions, various waivers, legalization, and temporary protected status applications. The AAO produces appellate decisions that provide fair and legally supportable resolutions of individual applications and petitions for immigration benefits. These decisions provide guidance to applicants, petitioners, practitioners and government officials in the correct interpretation of immigration law, regulations and policy.
Once a case is denied, it is very hard to overcome the reasons for the denial and get it approved. This can delay the immigration process for up to a year. Furthermore, it is commonly held by industry insiders that AAO will never reach a different conclusion than the one originally reached by USCIS. In fact: AAO has never overturned USCIS’ final decision. Therefore, appealing the case to AAO is seen as futile and therefore not recommended.
Luckily, I-526 denials are not fatal. “Applicants always have the option of withdrawing a currently filed I-526 petition in order to correct problems. “Applicants should take action promptly to address reasons for the denial in order to preserve their rights. The file however, must be resubmitted and the process restarted costing the applicant valuable time, money, and energy,” according to Joe Sloboda, Vice President of Exclusive Visas, a Weston, Florida-based EB-5 consultancy.
The EB-5 process can be arduous and confusing. The entire process is a vast combination of timelines, deadlines, tax returns, supporting documentation, and due diligence involving, immigration attorneys, the USCIS and the SEC. It is not a world anyone should attempt to navigate without an experienced expert at their side.
An Exclusive Visas Expert EB-5 Consultant will cut through the confusion for the investor by explaining how the program works generally and specifically for the candidate. Exclusive Visas brings together all the elements of the program, manages timelines, and gives the client the broadest likelihood of success.
From petitioning the USCIS to choosing a credible project to invest in, Exclusive Visas will see to it that the investor has all the information necessary to give them peace-of-mind while making the best of the EB-5 opportunity.
Don’t wait another day. Click here to contact an Exclusive Visas EB-5 consultant now.
Feb. 14, 2012 – After determining that its various EB-5 policy memoranda should be consolidated into a single overarching agency policy memorandum USCIS is seeking stakeholder input on a variety of foundational issues. Today it released the draft memorandum for public comment and input.
The development of the memorandum is to incorporate stakeholder input and hopefully reflect the lessons learned since the current (various) policies in use were initially piecemealed together.
Given the sheer volume and complexity of issues involved, USCIS will develop this single EB-5 policy memorandum in a series of iterations, seeking public comment as the draft policy memorandum progresses.
“USCIS has engaged with internal and external stakeholders to learn of their concerns regarding current adjudication policies and practices. I have had the opportunity to participate in a number of these engagements,” said Director Alejandro N. Mayorkas. Stakeholder input is valuable has been responsible for many USCIS process changes, including a myriad of adjudication process reforms, according to Director Mayorkas.
The public is invited to comment on the draft memorandum (PM-602-XXXX) at www.uscis.gov. Please send all comments to email@example.com. The final date for comments and feedback is Monday, April 1, 2013.