Expert Insight Series: Deep Dive on Processing Times, Interviews & Fraud

In our final instalment of our Expert Insight Series we will be reviewing guidance from the Immigrant Investor Program Office (“IPO”). As with the rest of the series, our goal is to provide key information and understanding of how upcoming changes and past decisions might impact EB-5 visa applications. EB-5 is likely to see some major changes in the coming year, so we want to make sure that anyone looking for an investor visa is well informed.

Processing Times

One of the major questions that IPO delved into in their stakeholder call in November was expected processing times for EB-5 applications, especially for I-526 petitions. IPO let us know that they are doing all they can to try to improve processing times, but called out a few key factors that will have a meaningful impact on any EB-5 application:

• The length of the waiting list in front of an individual’s petition
• The quality of petitions in the waiting list
• The quality and clarity in the individual’s petition

Furthermore, IPO clarified that if Requests for Evidence (“RFEs”) or a Notices of Intent to Deny (“NOIDs”) are required for the process they are likely to meaningfully increase wait times.

Finally, IPO called out the fact that investments first presented on an I-526 will often require an RFE, so may take extra time as required processing will add to to the overall process.

I-485 Interviews

Based on what we have heard from United States Citizenship and Immigration Services (“USCIS”) we expect interviews to become more prominent for all categories of visa applicants. At this point, all EB-5 applicants should expect to be interviewed. Interviews may be waived at the discretion of USCIS, but if you are hoping to successfully apply for an EB-5 visa, it is important to prepare for an interview.

USCIS is also underway expanding the use of interviews for adjustment of status in the United States. This expansion is rolling out incrementally, and the timeframe for expanding use for EB-5 adjustment applicants who are adjusting based upon an underlying I-526 petition is not set in stone yet.

Fraud

IPO has provided a good amount of guidance to help foreign investors avoid being defrauded. One major piece of advice given for investors seeking an EB-5 Visa from within the U.S. is that they should seek counsel before investing. As we consistently communicate, the EB-5 process can be very complicated, so it is worth seeking help from experts when you apply.

For those applying from outside the U.S., IPO encourages communication with their consulate office or with the U.S. Department of State. This article published by USCIS in 2013 is a good starting place to get a sense of the fraud risks common to investor immigration. Also, much of the IPO website has been published in simplified Chinese, so this is always worth looking at for Chinese investors.

Careful vetting of any EB-5 investment is important as fraudulent offerings could cause you to lose both your money and your path to an EB-5 Visa. Again, we see the use of expert advice as the best solution to avoid fraud.

For more Expert Insights see the First and Second instalments of this series.