Consequences and Strategic Responses to EB-5 Project Denials for Investors
USCIS REJECTION OF AN I-956F FORM IMPACTS ONGOING I-526E AND ADJUSTMENT OF STATUS PETITIONS.
By Joey Barnett
S ince the enactment of the EB-5 Reform and Integrity Act( RIA), it has been possible to obtain approval of the EB-5 project via a Form I-956F, Application for Approval of an Investment in a Commercial Enterprise.
A denial by the U. S. Citizenship and Immigration Services( USCIS) of this form has serious adverse immigration complications for investors, particularly for those already in the United States who have not maintained lawful status after filing the EB-5 petition.
Similarly, persons filing a concurrent adjustment of status whose Form I-526E is denied also face potential harsh consequences if they have not maintained their underlying status.
There are key consequences, timing considerations, and practical steps that investors must take following a Form I-956F denial.
WHAT IS FORM I-956F AND WHY DOES IT MATTER? RIA requires Form I-956F for all regional center-affiliated projects to request approval of an EB-5 project. However, it must only be filed by the regional center, not approved by USCIS, before immigrant investors can file their I-526E petition. If a visa is available under the Final Action Date category( or if allowed, the Date for Filing category), an EB-5 applicant can also submit the Form I-485 Application to Adjust Status together with Form I-765 Employment Authorization Card and Form I-131 Advance Parole travel authorization. When these forms are submitted simultaneously, it’ s called concurrent filing.
While a denial of an I-956F may be appealed, this rejection can place a foreign national who has applied for adjustment of status and not maintained underlying status in serious trouble, or more directly, in immigration deportation court.
Immigrant investors are not even notified when the USCIS notifies the regional center that their I-956F has been denied. There are often very few legal options for investors who have allowed their non-immigrant status to expire, even if there has been no fraud or bad
An I-956F denial creates extreme hardship for investors whose immigration strategy relied on timely project approval and who failed to maintain their non-immigrant status
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