Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Can I get an easier adjudication of my Green Card application with the Regional Center?

Question: I have heard that I can invest only $500,000 in a Regional Center, rather than the normal $1,000,000 for my own business for the EB-5 Investor’s Visa and that there are procedures in place now for easier and streamlined communication. Is that true?

Answer: Yes. It is a program that does allow you to invest to get an EB-5 without direct day to day responsibilities and without the $1,000,000. There has actually been some more direct communication between USCIS and the investor (or attorney of the investor) to both increase the flow of communication and to enhance the productivity of applying for this program. The application is put forth on Form I-924.

Question: What are the goals of direct email communication between USCIS and Form I-924 applicants?

Answer: Direct email communication is a customer-service tool to enhance communication between USCIS and Form I-924 applicants. Form I-924 applicants may email USCIS questions regarding pending applications, including questions related to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) issued by USCIS. USCIS may email Form I-924 applicants to informally ask for clarification on certain issues to facilitate review, understanding and adjudication of the application. USCIS may also send a courtesy copy of an RFE or NOID to the email address listed on the I-924 and, if applicable, to the email address listed on the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, associated with the application.

Question: How will the direct email communication process work?

Anwwer: Form I-924 applicants with pending applications will be sent an email with a unique identifier and a specific email address to use when corresponding with USCIS. Once assigned an email address, applicants may use this contact information to send and respond to emails to discuss—either informally or through the RFE or NOID process—issues raised in their regional center applications. An applicant will receive an email with instructions shortly after his or her Form I-924 application is accepted by USCIS for filing.

The direct email communication process is only available to entities that have a pending Form I-924 application. It is not available to regional center promoters who have pending regional center applications that were filed prior to the implementation of Form I-924 on Nov. 23, 2010.
Question: Will USCIS use email to issue RFEs and NOIDs, and can Form I-924 applicants use email to provide evidence in response to such notices?

Answer: USCIS may email a courtesy copy of an RFE or NOID to Form I-924 applicants and, if applicable, to attorneys or representatives of record listed on the Form G-28 associated with the application. However, applicants may not formally respond to an RFE or a NOID via email.
If an RFE or a NOID is issued in regard to a Form I-924 application, USCIS will follow standard procedures and will mail a hard copy of the RFE or NOID to the address listed on the Form I-924 or, if applicable, to the attorney or accredited representative listed on a valid Form G-28.
USCIS cannot accept an applicant’s formal response to a RFE or NOID via email. Once an applicant is ready to submit the formal response to an RFE or NOID to USCIS, he or she should follow the response submission instructions provided on the RFE or NOID.

Question: How will USCIS ensure that the attorney or accredited representative listed on the Form G-28 is included in email communication between USCIS and the applicant?

Answer: USCIS can only communicate via email with counsel representing a Form I-924 applicant if the associated Form G-28 includes a valid email address for the representative. If a valid email address is not provided in the Form G-28, the attorney or accredited representative should provide USCIS with an updated Form G-28 that includes a valid email address.

Filed under: Immigration Attorney | Tagged: EB-5, investment, regional center | Leave a comment »