My EB5 project (a large 300+ people project) took more than 1 year to complete the redeployment process, from March 2021 to November 2022. Some investors are concerned that this could break the USCIS at-risk requirements, which will cause a denial of I-829. I understand that EB-5 lapsed for almost a year between 2021-2022, so some say that this time should be deducted since it is simply impossible to invest in an uncertain environment when the underlying legal basis was suspended. I also understand that it is difficult to secure a sensible investment in the same area & industry of the regional center. Would USCIS consider all of these factors and still deem this as a “commercially reasonable timeline”?
Answers
Bernard P Wolfsdorf
Find the Best EB5 Visa LawyersDepends how much more and whether the delay was reasonable and explainable.
Belma Demirovic Chinchoy
Find the Best EB5 Visa LawyersYou would argue all of these things in a response to the RFE/NOID…
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