EB5 INVESTORS M AGAZINE
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Filing the response
by the deadline is vital.
USCIS generally gives
87 days to respond
to RFEs and 33 days to
respond to NOIDs.
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well-organized set of exhibits. Careful proofreading
is also important.
The comple x nua nce s i n c r a f t i ng a suc ce s sf u l
response require the right team from the beginning.
Coordinating an effective team is the single most
important element of the response process. The right
team will know how to respond to every issue raised
by USCIS and will be able to do so on time.
RESPOND TO EACH ISSUE
INDICATED BY USCIS
RFEs are, by definition, requests for additional evidence
necessary for USCIS to adjudicate a petition. Responding
to RFEs involves reviewing the list of requests and
carefully providing the necessary evidence. NOIDs, on
the other hand, demonstrate some kind of systemic
problem with a petition and will likely require a more
intensive solution that might involve extensive revisions
to documents, additional third-party supporting
documentation and other evidence.
Whether responding to an RFE or a NOID, a detailed,
forensic response is necessary. A well-written cover
letter is needed to offer clarifications, amendments and
specific arguments that narrowly address each issue
brought up by USCIS. The cover letter will need to then
point to cleanly organized exhibits that support every
clarification, amendment and argument. Sometimes
an RFE or NOID includes a request for clarification
about how a particular piece of evidence does indeed
demonstrate compliance with the requirements of
the EB-5 program. In such cases, citing the law, USCIS
memorandums and similar documentation is helpful
and often necessary to prove that the original evidence
is valid. An immigration attorney or qualified EB-5
consulting firm may be needed to adequately address
such issues.
In addition to clarifications, RFEs and NOIDs often
require updated documentation, which may involve
significant revisions to the business plan, the economic
report, offering documents, budgets, schedules and
similar documents. Any changes made in response
to an RFE or NOID must be carefully documented in
the response cover letter. Other documents may also
need to be gathered, such as permits, receipts, bank
records, land deeds and letters of intent. Compiling these
additional documents into a comprehensive but easy-to-
follow set of exhibits is an important part of the process,
and properly citing these exhibits within the cover letter,
as part of the response to individual issues expressed by
USCIS, is essential.
SUBMIT THE RESPONSE BY THE DEADLINE
Filing the response by the deadline is vital. USCIS
generally gives 87 days to respond to RFEs and 33 days
to respond to NOIDs.
USCIS provides an envelope for RFE and NOID responses.
This envelope has a barcode printed on it that USCIS
uses as it continues to process the case, and so it should
be used if the entire response — including a copy of
the RFE or NOID, the cover letter and all exhibits —
fits inside. If the response documents do not fit, the
provided envelope should be added to the top of the
response packet to prevent any delays in processing.
The response should be sent using priority or certified
mail that offers delivery confirmation, which serves
as proof that USCIS received the RFE or NOID by the
deadline. Next day or overnight deliver y may be
necessary if submitting the response on or near the
deadline. The response must be filed in a timely fashion.