Frequently Asked Questions - EB-5 Processing & Procedures

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!

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. Until each person obtains "permanent" green card status, just think of dependent family members "piggy-backing" on the rights of the PA.

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

Therefore, do not file the I-526-based I-485 at CSC. We do not know the rationale behind such change. At any event, if you encounter any problems with lockbox receipts, you should email to: LockboxSupport@dhs.gov.

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.

2. Lines of thousands files everywhere. Hundreds of contractor workers receiving and fee'ing the files, dividing them into different types of cases, I-130, I-140, Premium Processing cases etc. File rooms were just warehouse with rows of files. You can easily imagine your case file getting lost if someone makes clerical mistakes.

3. The interior work spaces were not as nice as it could be. [I think CSC should participate in an EB-5 project to upgrade its interior to create a more friendly working environment. :)] Examiner is stationed at a partitioned cubicle, similar to a caller customer center you see in movies but the partitions were not as nice.

4. An average age of examiners working at the CSC appeared to be around 35 years old (but some looked younger and some looked older), and many of the contractor workers and examiners appeared to be immigrants themselves. They actually appeared to be nice, and I even exchanged greetings with some of the examiners who said "hi" as we passed by. At least, know that your cases are being denied by nice people. I specifically asked the tour guide staff if EB-5 examiners were pretty nice, and the tour guide staff said she knew them personally and that the EB-5 examiners are indeed nice people and are relatively more experienced, and they do not rotate to other cases divisions. As a result, they tend to be older examiners, with an average age of around 40 to 50, composed of around 12 examiners, half males and half females.

5. It appears that visitors must park at the South Gate (you just have to keep on driving around the pyramid building until you see the sign South Gate.)

* 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. However, this means "practically" the guidance memos have an effect of EB-5 law, unless you choose to fight it at the federal court level, because AAO will almost always follow the USCIS issued guidance memos even though USCIS has said they are not "EB-5 law". I guess that is the home court advantage that a governmental agency has.

We believe the Service could have implemented a better procedure -- one that is more practical and in compliance with the immigration law -- by narrowly defining the "material" changes AFTER I-526 approval and then require an amendment to the original project through a "dummy" I-526 petition -- so that notice of such change to the Service will apply to all investors participating in the same project -- rather than force petitioners individually submit an entirely new, second I-526 petition, then abandon CPR and then re-acquisition of the CPR status which you just abandoned -- and this procedure does not even help "aged-out" dependents who turned 21 in the meantime.

The outlined procedure in the December 11, 2009 Neufeld guidance memo is impractical and causes too much delay. It's a convoluted mechanism that basically allows the Service to deem any changes to the underlying EB-5 project "material" and then to punish someone when there has been bona-fide, non-mateiral changes to the project. The procedure contained in the Neufeld memo looks like some sort of solution where EB-5 project has changed, but it is not.

[Also read http://eb-5center.com/node/708 which points out another procedure which lacks legal support.]

We strongly believe that if such changes to the EB-5 project AFTER I-526 approval are truly "material changes" -- which should be defined in terms of whether a petitioner is able to meet the specific requirements of the stated I-829 requirements -- then, the law, including INA 245(d), should be followed and I-829 should be denied. This is why the Service has to narrowly define what are "material changes" that occur AFTER I-526 approval, and not get concerned about "immaterial changes". Simply put, a "material change" AFTER I-526 approval should be narrowly defined as a change that makes it impossible that petitioner-investor to meet the clearly stated requirements of I-829. We believe the Service is confusing a "material change" BEFORE I-526 approval with a "material change" AFTER I-526 petition: this basically leads the Service to formulate an illegal procedure outlined in the Neufeld guidance memo.

In the event "immaterial" changes occur to the EB-5 project AFTER I-526 petition, review those changes at the I-829 level and if they are really "immaterial" changes, approve the I-829. Or as an alternative, offer an option of filing an amendment through a "dummy" amendment to already-approved I-526 petition if petitioner wants to inform the Service in advance of the "material changes" that have occurred. Why is this "amendment" procedure a better and fairer solution? First, amended petition is allowed to be filed in many other contexts, including H-1B and I-140 immigrant petitions. Second, practically there is no way for regional centers and petitioners (even USCIS itself will have a hard time distinguishing) to know if any change will be considered "material" or "immaterial" changes by USCIS, which means they should always be filing something to protect themselves. Lastly, allowing such amended I-526 petitions would protect the "aged-out" dependents who turned 21 in the meantime. Why USCIS does not simply allow amended I-526 petitions in case of "material" changes is perplexing, especially in light of their previous oral statements that an amendments will be allowed. In case multiple I-526 amendments are needed for a specific regional center based project, one "master" I-526 amendment filing should be allowed, because it makes no sense for each individual petitioner to have to file the same amendment each time. And no, we strongly disagree that the law mandates that each petitioner has to go through the same process: that is due to a very narrow and unreasonable interpretation of the EB-5 statutes and laws.

We believe where the immigration law is clear, it should be followed; in this sense, the December 11, 2009 Neufeld guidance memo is intellectually dishonest policy which the Service just pulled out from thin air like a magician. But where the law is not clear, the CSC Director should exercise her discretion and approve I-829 petition where "immaterial changes" occurred AFTER I-526 approval. Actually, the very fact that I-829 requirements are met should indicate whether certain changes are "material" or "immaterial".

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. Either the Service is right every time it denies an EB-5 case, or all EB-5 appeals to AAO lacked any merits. Basically, to really get a "real" review of your denial, you might be better off going to Immigration Judge or will definitely be better off going to the federal court if you can afford the costs.

One reason why the Service and AAO can deny an EB-5 case so easily is because EB-5 statutes and regulations are so broad, and there are so few federal court cases on point, and there are so few precedent AAO decisions.

The favorite rationale used by both the Service and AAO to deny your case is: "There is nothing in the EB-5 law which allows so and so . . . " But one could just as strongly argue: "There is nothing in the EB-5 law which prohibits so and so . . . ".

When you review many of AAO decisions, you get the sense that AAO already decided to uphold the Service's decisions and then try to come up with supporting reasons, rather than act as a neutral "reviewer" of relevant facts and EB-5 related laws. Like we said, the EB-5 law has so many holes that anyone can "reasonably" arrive at any conclusions, and when it comes down to it, a lot of what USCIS and AAO cite as "the EB-5 law" is nothing more than their desires policies for the EB-5 Program.

Another negative aspect of AAO review is that AAO almost never allows an oral hearing: that means, you might have to go through many MTRs and many years waiting for AAO to render their decisions.

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.

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

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.

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

Second, I-829 receipt notice is a documentary evidence that allows you to work and travel for one year. However, if you or your family member intends to travel outside the U.S., we recommend that you make an Infopass appointment with USCIS Field Office and get I-551 stamps in your passports.

Third, you can track status of your filed I-829 case by typing in the receipt number into the Online Case Status Check system at www.uscis.gov site.

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.

The important thing is you have to indicate whether the investor will do IV processing or do I-485 processing on the I-526 form itself. Therefore, this is something you have to think and decide in advance.

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.

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. If the derivative beneficiaries have not been admitted to the United States for at least one year and nine months at the time that the principal’s I-829 is approved, they will be required to file a separate I-829 during the period described in INA § 216A.

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

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 . . .

USCIS Answer: It depends on the type and level of benefit being requested. All petitions receive a minimum number of checks; some get additional checks. We can’t delve too deeply into that issue. In general:

IBIS checks last 180 days; FBI name check last 15 months; and Fingerprint checks last 15 months.

Depending on processing times, some people go through additional security checks because their previous checks have expired.

No, USCIS will send out notices to only attorney of record indicated on G-28 or to the client.

Because of system issue, I-829 cases cannot be tracked via USCIS Online Cases Status system with I-829 receipt notice number. Instead, they can be tracked with ASC receipt notices sent out shortly after filing I-829 petitions.

A clear "no" is the answer given by USCIS on this issue. We do not believe USCIS wants to have to adjudicate cases that quickly, although I-485 adjudications have shortened due to faster FBI fingerprint checks. We believe the USCIS' goal should be 3 months for both I-526 and I-829. By regulations, USCIS is supposed to adjudicate I-829 within 3 months. If they don't follow their own regulations, how can they expect others to comply with these regulations?

Where does it say that USCIS should adjudicate I-829 cases within 3 months? See below 8 CFR 216.6 regulations. It says the decision on I-829 petition "shall be made within 90 days of the date of filing or within 90 days of the interview, whichever is later." But since there is almost no interview on I-829 filings, that means practically USCIS shall decide within 90 days.

(c) Adjudication of petition. (1) The decision on the petition shall be made within 90 days of the date of filing or within 90 days of the interview, whichever is later. In adjudicating the petition [emphasis added], the director shall determine whether:

(i) A commercial enterprise was established by the alien;

(ii) The alien invested or was actively in the process of investing the requisite capital; and

(iii) The alien sustained the actions described in paragraphs (c)(1)(i) and (c)(1)(ii) of this section throughout the period of the alien's residence in the United States. The alien will be considered to have sustained the actions required for removal of conditions if he or she has, in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.

(iv) The alien created or can be expected to create within a reasonable period of time ten full-time jobs to qualifying employees. In the case of a “troubled business” as defined in 8 CFR 204.6(j)(4)(ii), the alien maintained the number of existing employees at no less than the pre-investment level for the previous two years.

All cases are on the same track and adjudicated within the same general processing time. Examiners are assigned to work on either regional center based cases or individual cases or both. RFE or Notice of Intent to Deny are issued where the examiners believe there is insufficient evidence to establish the requirements.

You will first obtain conditional permanent resident status, and that my friend, takes around 10 months or more. Here's the reason why. First, it takes anywhere 3 to 6 months to get I-526 immigrant petition approved, and then it takes around the same time to get EITHER I-485 adjustment application or Immigrant Visa approved. You become a conditional permanent resident ONLY AFTER you obtain EITHER I-485 adjustment approval or Immigrant Visa (IV) approval and enter the United States as intending immigrants.

I guess someone with I-526 petition approval could enter the United States as a tourist and then submit I-485 adjustment application and stay in the United States until it's approved, but we do not recommend this course, because it is inconvenient and also could be construed as a violation of U.S. immigration law. The best way is to obtain IV approval abroad via American Embassy in your home country and then enter the United States, unless you have been staying in the U.S. in nonimmigrant status.

Not really, although generally speaking, for more established regional centers, CSC adjudicators will probably just focus on the lawful source issues.

How fast particular cases are reviewed and adjudicated really depends on the particular officer reviewing your case, not the regional center itself. Sometimes, you might get lucky and get I-526s approved even within 3 weeks, but that is a very rare exception. Most I-526s take at least 3 ~ 5 months to get adjudicated. Sometimes, your case file may get mis-routed and sit there for some time, un-adjudicated.

Therefore, any regional center which says their cases are adjudicated faster than other regional center cases -- we don't believe them. But we do believe that they may have had several I-526 cases adjudicated very quickly especially when the EB-5 lapse deadline was approaching.

A detailed answer already exists in the "Process" menu on top. You can review this article at: www.eb-5center.com/I-829_who.

Whether the attorney is sufficiently capable to handle your EB-5 case depends on the attorney's character, intelligence, familiarity, knowledge, etc. with EB-5 area. In our opinion, to handle EB-5 case capably, the attorney should have at least 5 years work experience (some would even say 10 years) in general U.S. immigration law and also have handled (successfully) some EB-5 cases before.

Do not assume that all U.S. immigration attorneys have experience in EB-5 cases. Many immigration attorneys go through their career without having handled a single EB-5 case. This is not a knock on them at all, because they are probably more experienced or adept at handling different types of U.S. immigration cases, be it family-based immigration cases, deportation or labor certification cases, etc. Also, U.S. immigration law is a very complex area of law, and the immigration law changes quite often; therefore, it is not fair or wise to expect a U.S. immigration attorney to be expert on every area of U.S. immigration law. EB-5 area is pretty specialized, and there are not as many EB-5 cases as there are let's say family-based green card cases, so it is only logical that a minority of U.S. immigration attorneys will actually have had an exposure to EB-5 cases.

Yes, an attorney licensed in any of 50 states of the United States can advise and practice U.S. immigration cases in all 50 states and in US. territories. This is because U.S. immigration law is "federal" law and not state law. To give you an example, let's say you are married to a US citizen spouse, and you want to get divorced but still want to file a separate I-829 application in the state (let's say Virginia) you reside. As long as the attorney is licensed in any state, the attorney can accept your I-829 immigration case, but unless the attorney is licensed in the state of Virginia, the attorney will not be able to accept your divorce case. This is because divorce case taking place in Virginia is governed by Virginia law, while I-829 immigration case is governed by U.S. federal government and therefore falls under "federal" law. Other federal law areas are: Patent, bankruptcy and maritime laws.

This is why it's good to practice U.S. immigration law, because if you are licensed in one state, you can move to any of the 50 states and practice U.S. immigration law, without having to waste many weeks or months studying for and passing the Bar Exam in the new state. You have to study for and pass the new Bar if you are an attorney specializing in divorce law or even corporate law. The only bad thing about being a U.S. immigration lawyer is that you have to deal with USCIS and consular officers. Who knows, maybe the USCIS and consular officers feel the same way. :) In all seriousness, one good thing about being an immigration attorney is being able to "help" people, but one negative aspect is having to deal with all bureaucracies and the inefficient system.

The DHS department was established on November 25, 2002, by the Homeland Security Act of 2002. It was intended to consolidate U.S. executive branch organizations related to "homeland security" into a single Cabinet agency. The following 22 agencies were incorporated into the new department. One problem is that in real life, these different agencies do not all work together and interpret U.S. immigration laws in the same way, even though the laws and regulations are the same -- thereby causing some problems and ordeals to permanent residents. I can give you many examples but I won't.

* Customs Service – Treasury
* Coast Guard – Transportation
* Secret Service – Treasury
* United States Citizenship and Immigration Service (formerly Immigration and Naturalization Service) – Justice
* United States Border Patrol (formerly Immigration and Naturalization Service) – Justice
* U.S. Immigration and Customs Enforcement (formerly Immigration and Naturalization Service) – Justice
* United States Federal Protective Service (part of ICE)
* Transportation Security Administration – Transportation
* Federal Law Enforcement Training Center – Treasury
* Animal and Plant Health Inspection Service – Agriculture
* Office for Domestic Preparedness – Justice
* Federal Emergency Management Agency
* Strategic National Stockpile and the National Disaster Medical System – HHS
* Nuclear Incident Response Team – Energy
* Domestic Emergency Support Teams – Justice
* National Domestic Preparedness Office – FBI
* CBRN Countermeasures Programs – Energy
* Environmental Measurements Laboratory – Energy
* National BW Defense Analysis Center – Defense
* Plum Island Animal Disease Center – Agriculture
* Federal Computer Incident Response Center – GSA
* National Communications System – Defense
* National Infrastructure Protection Center – FBI
* Energy Security and Assurance Program – Energy

Detailed information on DHS can be found at: http://en.wikipedia.org/wiki/US_Department_of_Homeland_Security

ASC is an acronym for Application Support Center, and their primary purpose is to render biometrics (digital fingerprint and photo taking) services for various immigration benefits related applications. Therefore, when EB-5 investor submits I-829 conditions removal or I-131 reentry permit application, the investor will receive ASC Notice telling him or her to go to a specific ASC office at a designated time and place to do biometrics. They are not the same facility as USCIS Field Offices; instead, they provide biometric functions needed for immigration applications that are submitted to USCIS.

Biometric functions used to be rendered by local USCIS Field Offices in the past, but recently, this function has been "farmed out" to ASC offices located near local Field Offices.

Our recent experiences indicate that CSC sends out ASC biometrics notices within several weeks of receiving I-485s or I-829s. Note that receiving ASC biometric notice does not mean that your case will be approved.

CSC and USCIS both say they try to adjudicate cases received at CSC in FIFO basis, but our experience has shown that so far, this is not true. You will often see I-829 cases filed 5 months ago approved, while I-829 cases received 11 months ago are still pending -- for the same EB-5 project with the same facts and job numbers. Also, the same thing with I-526 petitions. This may change in future, as some procedural kinks are worked out.

No, when you enter the U.S. on a visa waiver status -- the right conferred upon nationals of the Visa Waiver Program countries -- you cannot file I-485 even if you have I-526 approval. That's one of the benefits you are giving up when you enter the U.S. on "visa-waiver" status.

Except for limited circumstances where there are strong reasons why you and your family members cannot even come out to home countries even for 7 or 10 days or there are certain factors that may delay issuance of Immigrant Visas at the Embassies, we recommend consular processing over I-485.

No, there is no "concurrent filing" allowed for EB-5 cases. You have to wait until I-526 petition is approved, and if you are still maintaining your NIV status (note maintaining your NIV status is different from avoiding "unlawful stay" -- hard to explain it here), you can go ahead and file I-485 application.

First, I don't think this occurred recently, but this sort of decisionsdid occur from time to time many years ago. In the past, one of the problems with EB-5 Program was that after I-526 petitions were approved often by another Service Center, CSC (where the applicant resided and had jurisdiction over the filed I-485 case) decided that the previous examiner mistakenly approved I-526 petition.

Currently, this kind of happening is very rare (as it should be), and is justified only where there were some adverse, material changes that CSC became aware of after I-526 petition approval, based on which CSC strongly believed that the initial I-526 was mistakenly approved. For example, if certain Regional Center project turned out to be a fraud, or if the applicant-beneficiary lied about some material facts, etc., that would be a justifiable ground for revoking the initially approved I-526 case even during I-485 stage.

There are 16 adjudicators at CSC working on EB-5 related applications, and USCIS' goal is 5 months for I-526 and under 7 months for I-829s. USCIS expects to achieve this goal within 2009.

No, not at all. Since you and your family already obtained CPR status, this sunset or extensions will not have any adverse effect on your ability to file I-829 case.

Currently, the RC Program is undergoing temporary extension until it can be extended for either 5 years or made permanent. We believe at minimum 5 years extension of RC Program will take place before end of 2009.

First, USCIS (specifically, California Service Center) can approve your I-526 immigrant petition, and send you an Approval Notice to prove the approval.

Second, CSC examiner of your I-526 petition can send you what is called RFE (Request For Additional Evidence) requesting additional documents or explanation on your case. Getting RFE may delay adjudication of your I-526 by around 2 months, but RFE is not something to get upset or worry about.

Third, CSC examiner can send you a denial letter. It would be a very rare case to deny your case outright unless the CSC examiner believes that your I-526 case cannot be approved based on a legal basis.

The most important thing about I-526 petition is to make sure certain documentary evidences can be obtained by EB-5 client to prove certain points. If this can be done, it should be no problem to get I-526 petition approved. Really, getting I-526 petition approved is not all that hard, although there may be a lot of paper work involved.

Depends on the country of your residence. After you receive an approval notice of I-526 immigrant petition, it can take anywhere between 4 to 7 months to obtain Immigrant Visas for you and your family members.

As some of you may already know, "AILA" stands for the American Immigration Lawyers Association. I would say most "serious" US immigration attorneys do belong to AILA, but I can imagine very experienced U.S. immigration attorneys who choose not to belong to AILA, simply because they know enough about their area of practice and they can keep up with new developments on their own.

The level and years of experience in certain fields of U.S. immigration law differ greatly among even AILA U.S. immigration attorneys. Anyway, belonging to AILA should not be the sole criteria. You should retain an experienced and capable US immigration attorney regardless of whether that attorney is an AILA member or not. Also, I would even say I rather go with an immigration attorney not as experienced but who is very motivated, smart and will work hard for you, rather than an experienced immigration attorney who you think is a lazy bum and not very responsive to your questions. Anyway, it is up to you to decide if the person you want to retain is capable in the EB-5 area.

** Having said this, said writer has been an AILA member for I think over 16 years or so, but really, this fact alone should not be the reason why you should retain someone.

One reason is that only after I-526 petition approval, can EB-5 investor proceed with either IV processing or I-485 adjustment. Second reason is that unless I-526s are approved, the investors' moneys deposited in the designated escrow cannot be released to the Limited Partnerships acting as a New Commercial Enterprise (the "NCE") for EB-5 projects. This means the release of the funds will be delayed, causing sometimes insurmountable problems. The EB-5 projects, involved with real projects in a real world, with real commercial constraints, cannot afford to keep waiting for a portion of their project financing.

Many investors think that there is an ulterior reason(s) for RCs wanting the moneys released as soon as possible, but this just is not so. RCs or principals of any EB-5 projects want I-526 approved, just as much as the investors, but for somewhat different but related reasons.

Most EB-5 cases probably choose to do consular process for many reasons we will not address here. The procedure is the submission of necessary documents and showing up at the Immigrant Visa section at the American Embassy in your country of residence and submit the docs, do fingerprints and then stand at the bank counter like window and answer consular officer's questions for about 10 minutes. That's it. But the waiting in between can take total of 1 to 3 hours.

Sometimes, certain American Embassies in certain countries might not be too familiar with EB-5 Regional Center cases, but with an approved I-526 immigrant petition in hand, consular officer must either approve the case, ask for pertinent documents or return the I-526 approval back to USCIS if the consular officer sees a clear failure to meet the requirements or a fraud.

Our answer is around 1.5 years before your estimate immigration date. This is to give you more than enough time. Keep in mind that although it is easy to delay the processing, it's hard to speed up the processing. So, an early start is important. Besides, who knows if and when the $500,000 USD TEA amount will be raised from $500,000 to a higher amount?

Unlike I-526 petition procedure, if I-829 is denied, there is no per se appeal right, but at deportation hearing, USCIS will have the burden to prove by preponderance of the evidence that they were right to deny the I-829 petition. Because you have certain rights in the deportation hearing, USCIS will make sure you did not meet the requirements before denying any I-829s.

Also, if you are unfortunate to be in this situation, and the denial results from a questionable interpretation of EB-5 law by USCIS, then you may have other federal court avenue to fight the denials. At this point, you probably need a good immigration attorney who is knowledgeable about EB-5 law and has experience of litigation at federal courts.

The problem is this litigation path is very costly, although the court decision may force USCIS to pay some or all of the litigation costs, including attorney fees.

No appeal shall lie from this decision; however, the alien may seek review of the decision in deportation proceedings. In deportation proceedings, the burden shall rest with the Service to establish by a preponderance of the evidence that the facts and information in the alien's petition for removal of conditions are not true and that the petition was properly denied.

Yes, below is the language. However, the below regulation is not being followed.

(1) The decision on the petition [I-829] shall be made within 90 days of the date of filing or within 90 days of the interview, whichever is later.

Ironically, if you do not file I-829 within the 90-days window period, then your CPR will terminate, but if USCIS does not adjudicate I-829 within 90 days as stated above, nothing happens.

The above regulatory language clearly shows that the Congress (and actually, USCIS itself) at one time thought it was perfectly reasonable or necessary that I-829 be decided within 90 days from the filing date.

No, there is no telephone number or email address at CSC itself. However, you can check status of your EB-5 case by going to: www.eb-5center.com/Case_Checker.

If you have any other questions regarding your EB-5 case, or if you have not received a decision from USCIS within the current processing time listed, you can contact the USCIS Customer Service at (800) 375 – 5283 or 1-800-767-1833 (TTY) and speak to a live person, but they cannot tell you the reason why your case is taking longer, but they do relay your message to CSC.

In the event there is an unreasonable delay with your case, ask your immigration attorney of record to contact the USCIS EB-5 Headquarters in Washington, DC. Writing letters directly to CSC do not appear that helpful, as any responses appear to be standard boilerplate language.

According to USCIS, there are 10 examiners who work solely on EB-5 related applications, such as I-526, I-526-based I-485s, I-829s and finally Request/Proposal to receive Regional Center designation to carry on business as a regional center. Actually, that's not that many given the fact that delays will in real world make it very hard to start bona-fide EB-5 projects.

Even though the filing fees for EB-5 related applications are relatively high, the filing fees received from EB-5 cases do not go directly towards improving the operation and adjudications of EB-5 related cases. We really feel that a faster processing would have a great effect of encouraging more EB-5 cases to be filed even during this tough economic times.

Under the EB-5 law, spouse and dependents can be included in the same I-829 condition removal application only if they obtained CPR status within 3 months period after the Principal investor obtained CPR status. That means you have to apply for I-829 separately, and under the current EB-5 law, you have to pay separate filing fee.

First, all visa waiver entrants are given only 3 months of stay, and they cannot change status or adjust in the United States, even if they have an immigrant petition approved and they are maintaining their status in the U.S. That's the benefits the visa waiver entrants forego in exchange for visa waiver benefits.

I-526 immigrant petition: $1,435 regardless of whether dependents are included or not.

I-829 condition removal: $2,850 plus a biometrics fee of $80. An additional biometrics fee of $80 must be paid for each conditional resident dependent, listed under Part 3 or Part 4 of Form I-829.

Why is it so expensive relative to other types of applications? Supposedly, it's more time-consuming to review and decide EB-5 applications. We believe EB-5 investors would not mind paying the relatively high filing fees if the processing times were quicker. Hopefully, the processing times will come down.

Unfortunately, not yet, but USCIS is looking into this possibility, but don't hold your breath.

No, although "concurrent" filing is allowed for some Employment-based categories, I-526 immigrant petition and I-485 adjustment cannot be filed together at the same time in the United States. USCIS does not like "concurrent" filing too much, so we do not see USCIS allowing concurrent filing in near future, if ever.

"Concurrent" filing is helpful when the applicant will have a hard time maintaining status while an immigrant petition is pending. This means it will be very difficult for an applicant who entered the United States to file I-526 petition and then be able to adjust in the United States.

You and your dependent family members should submit I-829 condition removal application to CSC during the 3 months window period, beginning from 21st month to end of 23rd month from the acquisition of CPR status.

The exact point in time at which the conditional resident status (CPR) is acquired is at the time the applicant or dependent family member enters the United States as intending immigrant with the valid immigrant visas, or at the time I-485 adjustment application is approved by the USCIS.

There may be a Request For Additional Evidence (RFE) issued by the USCIS examiner in charge of I-526 petition. Responding to the RFE and getting a decision may take another 2~3 months. RFE may be very simple or complex. Sometimes, the RFEs raise valid issues; sometimes, USCIS examiner may not have understand the submitted information correctly; and sometimes, the USCIS examiner may have overlooked the documents already submitted. It all depends.

Currently, it is taking around 6 months, but USCIS trying to speed up the adjudication by consolidating all EB-5 applications to be submitted at and decided by the California Service Center and hiring and training additional staff. It really depends on the number of I-526 cases field and how long USCIS takes to decide each I-526 case.