Investing through the EB-5 visa program is a major financial and personal decision. Besides the required $800,000–$1,050,000 investment, success depends on selecting a project that meets U.S. immigration rules. A often-overlooked warning sign? Pending Requests for Evidence (RFEs) at the project level.
What Is a Project-Level RFE?
According to EB5 Affiliate Network, aside from the RFEs individual investors might encounter, project-level RFEs are issued to regional centers when USCIS identifies deficiencies in project filings. These can include issues like flawed job-creation models, unclear business plans, incomplete background disclosures, or absence of conflict-of-interest declarations—particularly in Form I-956F filings required under the EB-5 Reform and Integrity Act (RIA) of 2022.
Why Pending RFEs Matter for You?
- Visa Process Delays: An RFE halts USCIS adjudication of the project. Even if your petition is complete, processing stalls until the issue is resolved.
- Increased Denial Risk: Projects with unresolved RFEs raise compliance concerns. If USCIS doesn’t receive adequate clarification, they may ultimately deny the I-526E petition.
- Financial Exposure: Since EB-5 capital is typically at risk, a failing project could threaten both your immigration status and your capital.
- Transparency Indicator: A project that refuses to disclose pending RFEs—or does so reluctantly—signals a lack of transparency, which is a major warning sign. As EB5AN emphasizes, concealing such critical information reflects poorly on fiduciary responsibility..
Additional Insight: The RIA’s Impact
Under RIA, EB-5 regional centers must submit Form I-956F to demonstrate project eligibility before investors can file I-526E. If the project has pending RFEs, its I-956F approval—and consequently, investor filings—can be completely delayed.
How to Protect Your Investment?
- Ask Directly & Demand Transparency: Before investing, request in writing whether any RFEs exist. A prompt, complete response—including copies of the RFE and the response—demonstrates accountability.
- Vet the Project’s Compliance Record: Check for past RFE history, clarity of I-956F, and a consistent record of USCIS approvals.
- Avoid Ambiguity: If a developer won’t disclose or explain project risks, steer clear.
How John Hu Migration Consulting Helps?
Choosing the right EB-5 project involves managing complexity, not just investing capital. Here’s how our team supports your journey:
- Diligence on Projects: We perform forensic-level assessments—including reviewing past RFEs, understanding project structure details, and evaluating regional center compliance.
- Strategic RFE Navigation: If an RFE arises, we work with legal experts to craft strong responses—ensuring continuity, aligning with your original filing, and maximizing USCIS clarity.
- Transparent Advisory: We emphasize clear communication—helping you avoid ambiguous projects and making sure all potential risks are addressed.
- Immigration-Industry Bridge: With expertise in both immigration and investment, we guide you through secure EB-5 route planning—even before filing.
Final Thoughts
Project-level RFEs are more than bureaucratic hiccups—they can threaten both your immigration goals and financial investment. Avoiding them isn’t about luck—it’s about choosing projects based on compliance and transparency.
Let John Hu Migration Consulting help you navigate these challenges with strategic clarity and expert guidance.
FAQ
What is a project-level RFE?
A project-level Request for Evidence (RFE) is a notice issued by USCIS to a regional center when there are identified deficiencies in a project’s filing. These can include issues with job-creation models, business plans, or conflicts of interest, especially in Form I-956F filings required under the EB-5 Reform and Integrity Act (RIA) of 2022.
Why are pending RFEs a risk to my EB-5 investment?
Pending RFEs can cause delays in your visa process because USCIS processing of your petition stalls until the project-level issue is resolved. They can also increase the risk of denial for your I-526E petition if the issues are not adequately clarified. Since EB-5 capital is typically at risk, a failing project could threaten both your immigration status and your funds.
How can I protect my EB-5 investment from this risk?
You should directly ask for transparency from the regional center or developer about any existing RFEs before you invest. A good sign is a prompt, complete response that includes copies of the RFE and the response they’ve submitted. It is also wise to vet the project’s compliance record and avoid any projects that refuse to disclose risks.
What are the key documentation challenges for Direct EB-5 investors?
The new policy environment is strict, demanding meticulous documentation. This includes an error-free business plan that meets the “Matter of Ho” job creation standard, current Articles of Incorporation, IRS filings, payroll records, and third-party attestations. Any inconsistency or missing document can lead to an RFE (Request for Evidence) or a denial.
How does the new law affect the processing timeline for Direct EB-5 applications?
Direct EB-5 filings often take longer to process, with USCIS adjudication for the I-526E petition lasting between 24 and 36 months due to increased scrutiny. The I-829 petition also requires robust documentation to prove job maintenance and ongoing operations. The process can be further complicated by visa bulletin retrogressions for applicants from certain countries.
Who is the ideal candidate for a Direct EB-5 investment?
Direct EB-5 is best suited for experienced entrepreneurs already based in the U.S. who want more active control over their business. It is for applicants who are prepared to handle the operational responsibilities and long-term capital commitments, and who have a clear, viable business plan to create and maintain at least 10 full-time U.S. jobs.
