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EB-5 Processing & Procedures
FAQs on step-by-step procedures involved in all phases of EB-5 processing
[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.
[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.
[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.
[Q] What if T5 classification is accorded to I5 case mistakenly?
[Q] 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.
Question asked and answer given by USCIS during June 24, 2009 Stakeholders meeting were:
[Q] What types of security checks are involved in EB-5 case processing?
[Q] What types of security checks, including FBI name checks, are required for I- 526s, I-485s (I-526-based), and I-829s? Also, do all I-526s, I-829s and I-526-based I- 485s each require separate FBI name check clearance?
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.
[Q] Can regional center or RC's own counsel receive official notices from USCIS?
No, USCIS will send out notices to only attorney of record indicated on G-28 or to the client.
[Q] How can status of I-829 cases be tracked online via USCIS Online Cases Status system?
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.
[Q] Is USCIS considering premium and/or concurrent filing processing for EB-5 cases?
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.
