No room for errors when completing EB-5 applications.


Did you know?

No room for errors when completing EB-5 applications.

As the pressure of the approaching September 30, 2018 deadline builds up, it is possible for applicants and their representative immigration attorneys to start cutting corners and file applications that are incomplete as “placeholders”.

On July 27, 2018 The National Law Review published an article warning against such practice. According to the article, “effective September 11, 2018, adjudicators for U.S. Citizenship and Immigration Services (USCIS) will have the authority to deny any application or petition that is incomplete or lacks sufficient evidence without first issuing a request for evidence (RFE) or notice of intent to deny (NOID). The new guidelines are a reversal of the current policy, which requires that an RFE be issued unless there is “no possibility” that the deficiency can be remedied. Depending on the vigor with which it is enforced, this policy shift may eliminate the opportunity for petitioners and applicants to correct simple errors, like missing documents, or to beef-up documentation in support of an applicant’s eligibility, before the case is denied.

USCIS provided the following examples of cases that may be denied after September 11, 2018:

  • A waiver application that is submitted without enough supporting evidence
  • A filing submitted without the required forms, such as an application for adjustment of status that is filed without the requisite affidavit of support”

There is still enough time to fill complete applications before the deadline. We urge clients who are already in the process of filing to make sure applications are properly submitted. For our clients who have been procrastinating on the sidelines, we urge you to act and fund your project of choice before it is too late.

Despite the article indicates that “the new guidelines are not intended to penalize individuals for ‘innocent mistakes or misunderstandings’ of the requirements”, adjudicators will have discretion to determine when to deny an application or issue an RFE.

We wholeheartedly agree with the conclusion of the article that “given the increased consequences of a denial, every petition or application sent to USCIS should be checked and double checked to ensure accuracy, eligibility, and that sufficient documentation has been provided to support the immigration benefit requested”.

For further information on this major policy change and how you could be protected from undesirable consequences, please do not hesitate to email us at or call us directly at + 1 917 355 9251.

Posted by americaeb5visa on July 27, 2018