What is flexible adjudication and when would I use it?
Answers
When unsure of whether a business plan has sufficient detail to meet the 'exemplar' standard, there is the possibility of trying to get the maximum benefit of an exemplar approval without losing time should USCIS determine that there is insufficient information to approve the plan as an actual/exemplar. The way to go about requesting flexible adjudication is to make a written request when the project is being submitted that the plan be adjudicated as an exemplar, but if this is not possible to adjudicate the plan as a hypothetical.
In most cases, this will not hold up the process and allows the project owner to move ahead with the project as quickly as possible should they not be able to get actual/exemplar approval right away. Saving the step of addressing the RFE that could otherwise result can also save some of the costs and time involved in doing so.
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