EB5 Investors Magazine English Edition, Volume 4, Issue 2 | Page 102

Bringing new York CitY green transportation, eB-5 projeCt RFE AND NOID TRENDS IN THE EB-5 WORLD By Ellen Choe and Robert Lee A May 2013 memo from USCIS provided the most significant guidance to date, but the specific interpreta- tions continue to be tweaked. Due to the fact that USCIS does not provide a specific playbook with the latest updates, or any other way to obtain insight into its adjudications mindset, it’s important to be knowledgeable of the historical as well as the most current trends as it relates to understanding RFEs and NOIDs. The changes in standards are for the benefit of investors, regional centers, industry professionals, and the industry as a whole. Certainly, USCIS and other government agencies are working to make EB-5 more the innovation and a new standard to the transportation industrY The EB-5 industry continues safe and secure. However, navigating through this to evolve, but there is little period of adjustment has been difficult. Examples guidance by U.S. Citizenship and of RFEs will be discussed in this article to help Immigration Services officials readers understand what goes into the filing pro- when it comes to RFEs (Request cess and the evaluation of projects. for Evidence) and NOIDs (Notice of Intent to Deny). Understanding the RFE and NOID Process What is an RFE or a NOID? When an EB-5 application lacks sufficient evidence or contains questionable details, the USCIS adjudicator typically issues an RFE to give the applicant an opportunity to clarify or provide additional evidence for approval. The applicant then has a standard response time of about 90 days for an RFE. If after a response to the RFE is NYCGREEN Transportation group, LLC Meet NuRide FaMily submitted, and the adjudicator is still not satisfied, a NOID is issued. The applicant typically has 33 days or less to respond to > Applauded > Transparent > Profitable > Accessible > Environmentally Friendly > Experienced Management Team > Exponential Job Growth > Approved by USCIS a NOID. Though rare, there are incidents where an applicant received a NOID as the first response. Please keep in mind that simply because a project or investor receives an RFE does not mean that the petition was filed incorrectly or that the project is flawed. Sometimes, it’s used as a strategy to determine how USCIS will adjudicate. Regional centers with new or sophisticated deal structures may [email protected] | 1.800.604.9844 www.NuRideTransportationGroup.com 1 01 EB5 INVESTORS MAGAZINE anticipate and use RFEs as a way to learn how to respond and explain their project. As the EB-5 industry WWW.EB5INVESTORS.COM 102