Receiving an EB‑5 RFE (Request for Evidence) can delay or derail your immigration plans if not handled properly. Fortunately, many RFEs are avoidable with thorough preparation and guidance from an experienced EB-5 Lawyer. Below, we outline the most common EB‑5 RFE triggers—and how to prevent them.
1. Inadequate Source of Funds Documentation
One of the most common EB‑5 RFE triggers is failing to clearly trace the lawful source of investment funds. USCIS requires detailed evidence showing how every dollar was earned, transferred, and invested.
Avoid it:
Work with a qualified EB-5 Lawyer to prepare a complete financial history with supporting documents such as tax returns, bank statements, sale contracts, and gift affidavits.
2. Unclear Job Creation Plans
The EB-5 Visa program requires your investment to create at least 10 full-time U.S. jobs. If your business plan lacks credible job creation projections or timelines, USCIS may issue an RFE.
Avoid it:
Use a Matter of Ho-compliant business plan that includes realistic staffing timelines and economic analysis. Your EB-5 Lawyer can connect you with credible economists and business plan writers.
3. Issues With Regional Center Documentation
For those investing through a regional center, USCIS often requests evidence regarding project compliance, job creation methodology, and TEA designation.
Avoid it:
Choose a reputable regional center with a strong track record. Have your EB-5 Lawyer review offering documents and compliance history before investing.
4. Missing or Inconsistent Documentation
Even small discrepancies in names, dates, or investment figures across forms can trigger an EB‑5 RFE.
Avoid it:
Ensure every document submitted with your EB-5 Visa application is accurate, consistent, and professionally reviewed.
Trust the Experts
At Global Immigration Partners PLLC, our experienced EB-5 Lawyers help clients avoid costly mistakes that lead to RFEs. From source of funds analysis to final EB-5 Greencard approval, we guide you through the process with precision.
