You are hereEB-5 Processing & Procedures
EB-5 Processing & Procedures
FAQs on step-by-step procedures involved in all phases of EB-5 processing
[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:
[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:
[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:
[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.
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.
