The EB-5 Immigrant Investor Program allows foreign nationals to obtain a green card by investing in U.S. businesses that create jobs for American workers. However, the process can be complicated, and investors may receive a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS).
In the first quarter of FY 2019, the RFE rate for EB-5 petitions increased to 51.8%, up from 46.1% in FY 2018. This increase highlights the importance of submitting a complete and well-documented application to avoid delays.
Keep reading to discover practical tips, proven strategies, and expert insights that can help you avoid costly mistakes and maximize your chances of a successful EB-5 application — because proper preparation could be the key to securing your future in the U.S.
Understanding RFE Immigration for EB-5 Investors
An RFE is a request from USCIS for more information or documentation to support your EB-5 petition. Receiving an RFE from USCIS does not mean your application is denied; it is simply a request for clarification or missing evidence. USCIS may request evidence when they need more details to decide on your case.
In the EB-5 process, common reasons for receiving an RFE include a lack of initial evidence, unclear documentation, or insufficient proof of investment funds or job creation. For example, if your application does not clearly show the lawful source of investment funds or lacks a detailed business plan, USCIS requests additional information to address these gaps.
Investors should take an application review notice from USCIS seriously and respond thoroughly to avoid further delays. Failing to respond to the request or missing the RFE deadline can lead to the denial of your application. Providing sufficient evidence and ensuring all requested verification is included in your response to the RFE will improve your chances of success.
How to Organize Effective RFE Documentation for EB-5 Petitions
Organizing your documentation clearly and methodically is essential for successfully responding to a USCIS request for evidence. Begin by carefully reading the RFE letter to understand precisely what USCIS requires. The original RFE notice will outline the specific evidence needed to address the concerns.
Follow these steps to prepare an effective RFE response:
- Review the original request: Identify all the points raised in the application review notice and make a checklist of the requested evidence. Ensure you understand the type of documentation or evidence required.
- Gather the necessary evidence: Collect the documents the immigration office listed in the request for clarification. This may include financial records, evidence of birth, business plans, or proof of job creation. Ensure each document directly addresses the concerns raised in the RFE.
- Provide context and explanations: When submitting additional evidence, it’s a good idea to include explanations that clarify how the documents satisfy the requirements.
- Include a cover letter: A well-written cover letter can summarize your response to the RFE and explain how each piece of evidence addresses the issues raised. This helps the USCIS officer understand your response quickly.
- Submit before the deadline: Send your response packet to the mailing address provided in the original request for further documentation notice before the deadline.
What Should You Expect in RFE Response Time?
Once you have submitted your request for clarification response, the next step is to wait for the immigration office to review the new information. U.S. immigration authority generally takes between 60 days to 6 months to process a request for clarification response, depending on factors such as the complexity of your case and the current workload.
Several factors can influence the processing time for a request for clarification response:
- Completeness of the response: If you provide enough evidence and address all concerns raised, the immigration office may process your response more quickly.
- Nature of the verification: The type of documentation submitted, such as financial records or proof of job creation, can impact how long it takes for the immigration office to process the response correctly.
- Current workload of U.S. immigration authority: High volumes of applications can lead to delays.
To stay informed, regularly check the status of your case on the U.S. immigration authority website using your receipt number. If additional information is needed, the immigration office may request further documentation. Staying proactive and prepared helps ensure you can respond promptly if required.
Simplify the EB-5 Process with Austin EB5
Navigating the EB-5 process and responding to an RFE from USCIS can be complex and overwhelming. At Austin EB5 Regional Center, we provide expert guidance to help you handle USCIS requests and submit strong RFE responses. Our team ensures you have the evidence to prove your eligibility and supports you through every step.
We connect you to investment opportunities that meet or exceed the EB-5 program requirements, improving your chances of approval and helping you obtain your U.S. green card.
Contact us today at (512) 954-3080 and take the first step toward securing a prosperous future for you and your family in the United States!
RFE for EB-5 Investors FAQs
What happens after I respond to the RFE from USCIS?
After you respond to the application review notice, USCIS will review your submission and determine if the additional evidence is sufficient to process your application. If they find the proof satisfactory, they will continue with the adjudication process.
How long does it take for the immigration office to process my application after I send my request for clarification response?
The processing time can vary based on the complexity of your case and the volume of applications the immigration office is handling at that time. Typically, it may take several weeks to a few months for the immigration office to issue a decision after receiving your response to the request for clarification.
What should I include in my response to the request for further documentation?
Your response should include all the requested additional proof outlined in the application review notice. Ensure that you provide sufficient evidence to prove your eligibility, including any documents that address the specific concerns raised by the immigration office.
Can I receive a request for clarification multiple times for the same application?
Yes, it is possible to receive multiple requests for verification for a single application if the immigration office finds that they still need more information or if there are ongoing concerns about the evidence provided.
What should I do if I receive a request for additional evidence?
If you receive an application review notice, carefully read the request for further documentation to understand what USCIS needs. Gather the required documents and prepare a thorough response addressing all mentioned concerns.
