My Application Received An RFE: What Should I Do?

RFE Defined

The Request for Evidence, also known as an RFE, is just that: a simple request. For whatever reason, USCIS is asking for additional evidence on a key element of your EB-5 application. The majority of immigration applications receive RFEs, and are just part of the process. Don’t be surprised or alarmed if this happens to your application.

Two Types

Pertaining to EB-5 applications, there are two different types of RFEs. The first type of RFE relates to questions or concerns about the Regional Center. The second type of RFE is one that addresses missing evidence in the source of the EB-5 investment capital, known as your source of funds.

Course of Action

If the question relates to the Regional Center, your immigration attorney will immediately forward the RFE to the Regional Center. At that point, the regional center will in turn forward it to their legal counsel. The regional center’s legal counsel is the best position to answer USCIS questions about the project. In many cases, the questions from USCIS will be relatively minor, and the legal counsel will easily provide any needed documentation.

If the question relates to the investor’s source of funds, your investment immigration attorney will work with you to determine the best course of action. The only remedy is to provide further documentation and clarification in the area requested. You attorney will advise you on what additional documents are needed.

Time Limits

As there are time limits that apply to the RFE, you should provide documents to your attorney as promptly as you are able. When you have provided USCIS with the additional information, it should clear up the problem, and your application should be able to progress as usual.

The key to successfully responding to an RFE is to work quickly and closely with your attorney to respond. If you can adequately respond to USCIS concerns there is no reason to see a denial.

If you want to learn more about EB-5, read the book The Complete Guide to The EB-5 Green Card, available for free on our website only.

Vaughan de Kirby
California Immigration Attorney

EB-5 Regional Center Program Ends 9/30/17

Congress has extended the current Regional Center program to September 30th, 2017, at which time it will sunset unless extended. We anticipate future legislation that will call for an increased investment amount and more stringent requirements. For this reason, we recommend to our clients that they take action under the current law if at all possible.

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