When can the investors file their I-526E applications?
Our investors want to know when they should send their capital investment and administrative fees to the escrow agent for the NCE. When can the NCE withdraw the capital investment? When can the investors file their I-526E applications?
Answers
The RIA of 2022 requires NCEs to file Form I-956F before investors can submit their individual I-526E petitions. To file their I-526E application, investors do not have to wait for the I-956F to be approved. Regional Centers and NCEs can solicit with investors before filing their I-956F application. As for their capital investment, investors can wire the funds to the escrow agent of the NCE as well. Current market practices and best practices dictate that the NCEs should not withdraw the investor funds before filing their I-956F petition. The published regulations, guidance issued by USCIS in this and similar issues, and the interpretation of the RIA of 2022 are rapidly changing. Investors are well-advised not to make any decisions without consulting with their immigration attorneys, who are well-versed in the law, rules, and regulations.
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