No room for errors when completing EB-5 applications
Did you know?
No room for errors when completing EB-5 applications.
As the pressure of the approaching September 30, 2018 deadline builds up, it is possible for applicants and their representative immigration attorneys to start cutting corners and file applications that are incomplete as “placeholders”.
On July 27, 2018 The National Law Review published an article warning against such practice. According to the article, “effective September 11, 2018, adjudicators for U.S. Citizenship and Immigration Services (USCIS) will have the authority to deny any application or petition that is incomplete or lacks sufficient evidence without first issuing a request for evidence (RFE) or notice of intent to deny (NOID). The new guidelines are a reversal of the current policy, which requires that an RFE be issued unless there is “no possibility” that the deficiency can be remedied. Depending on the vigor with which it is enforced, this policy shift may eliminate the opportunity for petitioners and applicants to correct simple errors, like missing documents, or to beef-up documentation in support of an applicant’s eligibility, before the case is denied.
USCIS provided the following examples of cases that may be denied after September 11, 2018:
- A waiver application that is submitted without enough supporting evidence
- A filing submitted without the required forms, such as an application for adjustment of status that is filed without the requisite affidavit of support”
There is still enough time to fill complete applications before the deadline. We urge clients who are already in the process of filing to make sure applications are properly submitted. For our clients who have been procrastinating on the sidelines, we urge you to act and fund your project of choice before it is too late.
Despite the article indicates that “the new guidelines are not intended to penalize individuals for ‘innocent mistakes or misunderstandings’ of the requirements”, adjudicators will have discretion to determine when to deny an application or issue an RFE.
We wholeheartedly agree with the conclusion of the article that “given the increased consequences of a denial, every petition or application sent to USCIS should be checked and double checked to ensure accuracy, eligibility, and that sufficient documentation has been provided to support the immigration benefit requested”.
For further information on this major policy change and how you could be protected from undesirable consequences, please do not hesitate to email us at firstname.lastname@example.org or call us directly at + 1 917 355 9251.
Posted by americaeb5visa on July 27, 2018
Subscribe for News
Join Professionals on EB5Projects.com →
This website is for informational purposes only and does not constitute an offer or solicitation to sell shares or securities. Any such offer or solicitation will be made only by means of an investment's confidential Offering Memorandum and in accordance with the terms of all applicable securities and other laws. This website does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. EB5Projects.com LLC and its affiliates expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in the website, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.