The USCIS Immigrant Investor Program Office (IPO) recently update the EB-5 Resources website with a comprehensive list of application materials for the EB-5 application process.
For Form I-526, Form I-829, and Form I-924, all evidentiary types to accompany the filings are now itemized in sequential order. USCIS has similarly done this in other high-volume filing contexts, such as the H-1B cap season filings. Utilizing checklists and sequential order of documentation is similarly done for other programs, such as in the QIIP and Grenada CBI programs.
Hopefully, these new suggestions will be of great assistance to adjudicators and help reduce the lengthy processing times. We applaud USCIS for being proactive in this matter.
That being said, the presentation of evidence in this matter is not mandatory, only recommended. USCIS' format will not match most existing templates in any event. We also think their sequencing in the I-526 context is a bit cumbersome and not ideal.
Specifically, the agency wants to see evidence of investment in Section 7 (of 12) and evidence of lawful source of funds in Section 8. This makes sequential exhibit numbering difficult for petition templates, as the number of exhibits will vary from investor to investor. We have always found that the better practice is to organize static project documents in the beginning of template filings and allow for investor-specific documentation to be provided at the end.
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