Avoiding
the RFE
Tangle
by Phil Cohen
Anyone who is familiar with the EB-5 program knows that one of the bigger challenges
faced in the process of getting United States
Citizenship and Immigration Services approval
for a regional center or project comes from
dealing with RFEs. An RFE, or a Request for
Further Evidence, is the official name of the
document that USCIS will issue to an applicant
in the event that an adjudicator needs more
information or wishes to question what has
previously been presented to them. When an
applicant receives an RFE there are several
implications, including the delay of the final
approval, the possible additional cost of finding
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or developing the information that is required
(including possible additional fees to the professionals on the team) and, most importantly,
a delay in getting EB-5 investors’ money into
the project.
The best way to deal with an RFE is preventatively. By following the steps listed below,
one can pre-empt challenges or requests for
further detail from USCIS. The following are
among some of the most effective preventative
measures as they pertain to the business plan,
which is one of the most subjective elements of
an EB-5 application.
EB5 INVESTORS MAGAZINE