EB5 Investors Magazine | Page 62

Kate’s Corner Kate’s Corner is a recurring column written by editorial board member Kate Kalmykov and her associates. EB-5 Petition Based Immigrant Visa Processing Trends at U.S. Consulate in Guangzhou, Mainland China by Nataliya Rymer and Kate Kalmykov The U.S Consulate in Guangzhou is considered both high volume and high potential for fraud when it comes to processing of immigrant visas, a key step in the immigration process for EB-5 investors. As such, extra precautions should be taken when going through consular processing in Guangzhou. The expected retrogression for EB-5 applicants from mainland China incentivizes the speedy submission of immigrant visa applications in hopes of increasing the chances of receipt of immigrant visas prior to retrogression. However, there are important issues with respect to the immigrant visa process at the U.S. Embassy in Guangzhou which should be considered. Failure to take these issues into account may in fact result in the delay of processing, rather than its expedition. We offer the below pointers which take into account the strict adjudication trends at this consulate. 1. Preparation and submission of the electronic immigrant visa applications (Form DS-260) and supporting documents: a. Information requested: The immigrant visa application (DS-260) requests a lot of information, such as a list of residences going back to the age of sixteen, employment for the last ten years, as well as a lot of additional information. TIP: It is very important to provide all of this information accurately and consistent with the information provided along with the I-526 petition. Any inconsistencies or missing information may cause delays in the processing of the applications. TIP: Where the errors remain unaddressed at the time of the submission of the applications and documents, copies of correspondence with NVC requesting said corrections should be included with the submission. This also applies to cases where the NVC fails to issue visa fee bills for all accompanying dependents. d.Expediting immigrant visa processing: In limited circumstances, it may be possible to expedite the processing of the immigrant visa applications by having the NVC forego preliminary processing of these applications and forward them directly to the consulate. Where electronic processing is assigned, in addition to the electronic submission of the immigrant visa application, the supporting documents are submitted via e-mail. This substantially decreases the pendency of the process, from the submission of the required documents until the scheduling of the immigrant visa interview. TIP: While the NVC normally assigns cases for electronic processing, it may be possible to request that a particular case is switched from regular to electronic processing by emailing [email protected]. NVC has the discretion to decline or accept this request. Guangzhou, Mainland China b. Documents requested: It is required that copies of certain civil documents be provided along with the applications. TIP: It is important to submit all of the documents required as failure to do so can cause delays subsequent to the submission, as well as requests for evidence. The Department of State lists these requirements on their website.1 c. Accuracy of names: Oftentimes, the National Visa Center (NVC) records the names of the investor and/or the dependent family members inaccurately, providing visa fee bills that contain errors. Every effort should be made to review the visa fee bills carefully and to inform the NVC of any errors, requesting correction. 60 EB5 INVESTORS MAGAZINE