Key insights from discussions with a former Deputy Chief of IPO.
1. USCIS’ Current View of EB-5
EB-5 is not viewed negatively within USCIS. Increased scrutiny reflects agency-wide trends, not hostility.
2. Mandamus: Use Strategically
IPO has a dedicated team for mandamus cases. Filing mandamus early and reasonably generally does not provoke resistance.
3. Intensive SOF Review (Post-RIA)
Expect significantly heightened SOF scrutiny. Complex structures—foreign lending, multi-layered transfers, cryptocurrency—often require supervisor or FDNS review.
4. Common Attorney Errors to Avoid
- Insufficient SOF documentation.
- Poor explanations of foreign financial practices.
- Exhibit organization misaligned with IPO’s internal workflow.
5. Increased FDNS Involvement
FDNS officers are now embedded within IPO. Many lack EB-5-specific training, leading to broad inquiries or site visits. Nearly any anomaly can trigger review.
6. Limits on Foreign Immigration Data Access
USCIS does not have broad access to international databases. Partial U.S.–Canada information sharing exists but is inconsistent.
7. Officer Discretion & Culture
Officers exercise wide discretion, influenced by supervisory guidance and internal “comfort levels.” IPO has case quotas, not approval quotas. Standards for partial investment under RIA continue to evolve.
8. Expect More RFEs & NOIDs
Current culture requires officers to request evidence whenever a gap appears. Trendline: more RFEs, especially in SOF-heavy cases.
9. Clarify Financial Transactions Clearly
Recent foreign-exchange pushback is not policy-driven; it evolved informally. Explain complex transactions in simple, traceable steps.
10. Technology Use (or Lack Thereof)
IPO is not using AI to adjudicate EB-5 cases. Reviews remain human-driven, meaning clarity and organization are critical.
Conclusion
Success in today’s EB-5 environment requires hyper-clarity, anticipating officer questions, and translating financial complexity into documentation that immigration officers can readily understand.
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