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Resolving Application Delays in EB-5 Visa Processing

Janessa Diaz

 

1. Understanding Common Causes of EB-5 Processing Delays

EB-5 Visa applications can experience delays due to several factors, including:

  • USCIS Backlog: High application volumes or staffing issues can slow down processing.

  • Missing or Incomplete Documentation: Applications with missing information or inconsistent details may face delays.

  • Request for Evidence (RFE): USCIS may request additional documentation, extending the processing time.

  • Security Checks: Background and security screening may take longer for some applicants.

  • Regional Center Issues: If investing through a Regional Center, issues with the Regional Center’s compliance can affect processing.

2. Recommended Steps for Addressing EB-5 Processing Delays

Step 1: Monitor Your Case Status Regularly

  • Use the USCIS Online Case Status Tool: Visit the USCIS Case Status Online page and enter your case number.

  • Create a USCIS Account: Track your case status, receive notifications, and upload documents as needed.

Step 2: Review Your Application for Errors or Missing Information

  • Double-Check Submission: Ensure all required forms are complete, signed, and accurate.

  • Verify Supporting Documents: Make sure all financial records, business plans, and job creation evidence are clear and up-to-date.

  • Correct Any Issues Promptly: If you identify any errors, consult with an immigration attorney to correct them.

Step 3: Respond to Requests for Evidence (RFE) Promptly

  • Carefully Review the RFE Notice: Understand what additional information or documents are required.

  • Provide Clear and Complete Responses: Submit all requested documents and explanations.

  • Meet the Submission Deadline: Ensure your response is received by USCIS before the deadline specified in the RFE.

  • Work with an Immigration Attorney: For complex RFEs, legal guidance can help you avoid further delays.

Step 4: Contact USCIS Directly

  • Submit an Online Inquiry: Use the USCIS Case Inquiry Tool for cases outside normal processing times.

  • Call the USCIS Contact Center: Dial the toll-free number (1-800-375-5283) for case status updates.

  • Schedule an Infopass Appointment: For urgent issues, schedule an in-person appointment at a USCIS office.

Step 5: Seek Assistance Through a Congressional Inquiry

  • Contact Your Local Congressional Representative: Request their assistance in contacting USCIS on your behalf.

  • Provide a Privacy Release Form: This allows the congressional office to act on your behalf.

Step 6: Use Premium Processing (If Available)

  • Check for Eligibility: Although EB-5 applications typically do not offer premium processing, some related petitions (like Form I-485) may be eligible.

  • Submit a Premium Processing Request (Form I-907): If applicable, this can significantly reduce processing times.

Step 7: Maintain Clear Communication with Your Attorney

  • Keep Your Attorney Informed: Share any notices, RFEs, or updates from USCIS.

  • Follow Their Guidance: An experienced immigration attorney can recommend the best course of action.

3. How to Expedite EB-5 Processing by Responding to USCIS Requests Promptly

  • Prioritize USCIS Notices: Immediately review any notices you receive from USCIS.

  • Prepare a Response Checklist: For RFEs, make a list of all requested documents to ensure nothing is missed.

  • Submit Complete and Well-Organized Responses: Label documents clearly, provide a cover letter explaining your response, and avoid any ambiguity.

  • Maintain Digital Copies: Keep scanned copies of all submitted documents for your records.

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