If you are in the process of filing under the Immigrant Investor Program, also known as “EB-5,” there is a new USCIS adjudication trend that you and your immigration lawyer will want to know about!
Lately, USCIS is challenging claims of indirect construction jobs by requiring third-party validation of construction data and regional industry standards.
More specifically, USICS usually required the submission of a "comprehensive business plan" describing the investor's projections as far as job creation as part of the filing of the Form I-526. However, the agency is now requiring a more thorough and verified analysis of any construction phase jobs including, but not limited to General Contractor's Detailed Construction Timeline, Third Party Validation of Construction Timeline, and Third Party Validation of Construction Costs.
If you fail to provide the relevant detail in the initial I-526 filing, most likely the USCIS will issue an RFE (Request for Evidence).
What this new adjudication trend means to you, the EB5 investor is that you/your lawyer should be prepared to supply documents which contain verifiable data reflecting that the proposed construction timeline and budget prepared by the chosen Regional Center are within a reasonable range when compared to industry standards.
This article does not constitute legal advice – for legal advice you must consult with us, or an attorney who is experienced and knowledgeable in immigration law. For more information, please contact our office at 954-843-3494. We look forward to speaking with you!
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