EB5 Investors Magazine "Top 25 issue" Volume 9 Issue 1 - Page 88

understand why a particular case is so important that it should be adjudicated first .
An expedite request requires one to take USCIS ’ framework and weave together a compelling narrative that blends together facts that are unique to the client as well as to understand how they fit in with real-world issues and concerns at that given moment . Both these factors continually evolve .
It is critical to do a deep dive into a client ’ s circumstances to craft a successful expedite including figuring out what critical evidence they or their network can provide . After understanding what urgent criteria they may fall under , counsel may have to work closely with a client ’ s advisors , professionals and connections to help them understand what is needed .
The analysis for an investor versus a Regional Center may be different . For example , an EB-5 investor who also happens to be a medical doctor that wanted to volunteer their skills in an area hard hit by COVID-19 may have a strong case for an expedite based on his or her own unique circumstances . It ’ d be helpful to include evidence of the investor ’ s medical bona fides , an invitation or offer to specifically serve at a local hospital , evidence of spiking COVID-19 infection rates and dearth of healthcare workers . For applicants who have filed an expedite request for loss of employment , it ’ s important to not only include financial hardships that they have personally incurred , but also financial hardships faced by their company due to their suspension . In one example , a Brazilian investor who had a brilliant son , but who unfortunately was also plagued with a rare muscular disorder that would ransack his body . Traditional medicine wasn ’ t effective and his health ( and future ) depended on experimental or novel treatments being developed at Boston University ’ s medical research team . Supporting letters from his primary care physicians in Brazil and in the U . S . about his
rare disease , the novelty of his experimental treatments , and perhaps most importantly – the rapidly degenerating nature of his health , helped lead to a successful expedite .
For projects , it is theoretically possible to expedite based on severe financial loss because funds are tied up in escrow , preventing , a project from moving forward . However , in our experience that ’ s not an effective basis ( partly because the agency can simply dismiss that as a bad deal the project willingly entered into ). It can also be disastrous for marketing purposes . Contrast that with a rural project that bolsters the food supply chain of the region that ’ s backed by the USDA or a hospital providing healthcare for low-income residents , and you have a winwin for the project and the investor .
At the end of the day , credible , persuasive documentation is key . Supporting letters from politicians can be helpful , but only if they are relevant to the matter at hand . Far better to have case-specific evidence as illustrated in the examples above .
SHOULD I EXPEDITE ? CONSIDERATIONS & POTENTIAL PITFALLS
Although a successful expedite request is a powerful and effective option for Regional Centers and investors , it doesn ’ t mean it ’ s the correct option for everybody . Consider your circumstances and whether it actually benefits you .
If you ’ re a Regional Center or Project , a successful expedite request brings obvious marketing and investor benefits . However , consider both the reason for the expedite and whether you are prepared to respond to USCIS on behalf of your investors . On one hand , if the reason for the expedite is you ’ re raising EB-5 funds to
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