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If you've recently submitted your EB-5 petition and received a Request for Evidence (RFE), you're not alone. In fact, according to immigration experts, it would be unusual for a petition to be approved without receiving a single RFE. Let's break down what this means for your EB-5 journey and how to handle it effectively.

What is a Request for Evidence? 

Put simply, an RFE is just a question. When USCIS reviews your petition, they may need additional information or clarification about certain aspects of your submission. This request for initial evidence, or RFE, is their way of asking those questions and gathering the information they need to decide on your case.

RFEs are issued for various types of immigration petitions, including: 

·        Regional center designation applications

·        Project petitions (Form I-956F)

·        Individual investor petitions (Form I-526-E)

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Is an RFE a Good Sign?

Receiving an RFE can actually be positive news for two key reasons:

·        It means USCIS has actively reviewed your petition

·        The process is moving forward

While the substance of the RFE will ultimately determine whether it presents any serious concerns, the mere fact that you've received one indicates your case is being processed. This forward movement is generally good news for petitioners.

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Common Types of RFEs 

RFEs can vary widely in their substance and complexity. Some common scenarios include:

·        Simple documentation requests where USCIS may have trouble locating specific evidence within your submitted materials

·        Questions about connecting different parts of your petition and exhibits

·        Requests for clarification about your background (for individual investor petitions)

·        Inquiries about project documentation (for regional center petitions)

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Response Timeframes and Deadlines

When you receive an RFE, you have exactly 87 calendar days from the date of issuance to submit your response. This is a strict deadline, and it's crucial to ensure your response is received by USCIS before the 87th day.

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How Long Does USCIS Take to Respond to an RFE? 

There is no prescribed timeline for USCIS to review and adjudicate your RFE response. Processing times can vary significantly. Some petitions are approved within a week of submitting the RFE response, while others may take considerably longer, especially for complex cases.

The timeline often depends on the nature of the questions asked. For instance, if the RFE simply requests proof of a biometrics appointment, there view might be quick. However, if it involves complex questions about the source of funds or foreign earnings, the review process may take longer.

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How Do I Know if USCIS Received My RFE Response?

Unlike initial petition filings, USCIS does not issue a receipt notice for RFE responses. To confirm receipt:

·        Keep proof of delivery from your shipping service (FedEx, UPS, or USPS)

·        Track your package using the courier's tracking system

·        Maintain copies of all submitted documentation

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What Happens After You Respond?

After submitting your RFE response, several outcomes are possible:

·        Approval of your petition

·        2 Another RFE if new questions arise

·        A Notice of Intent to Deny (NOID) if USCIS is unsatisfied withyour response

If you receive a NOID, you'll have a shorter timeframe to respond and provide evidence that addresses USCIS's concerns. Failure to respond by the deadline will result in petition denial.

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Tips for Success

1. Submit Complete Documentation Initially

  The more thorough your initial petition, the better chance of avoiding or minimizing RFEs.

2. Organize Your Response Carefully

  Make it easy for USCIS to locate and review the requested information.

3. Meet All Deadlines

  Calendar the 87-day deadline immediately and plan to submit well before it.

4. Keep Proof of Submission

  Maintain detailed records of when and how you submitted your response.

Taking the Next Step

While receiving a RFE might feel daunting, remember that it's a normal part of the EB-5 process. The key is to respond thoroughly and promptly while understanding that this step means your petition is actively being reviewed. Working with experienced immigration professionals can help ensure you provide USCIS with exactly what they need to move your case forward successfully.

Given the complexity of immigration law and investment requirements, it's wise to work with qualified immigration attorneys and investment advisors who can guide you through the process and ensure you meet all program requirements. They can help you understand the nuances of your specific situation and maximize your chances of success.

The EB-5 team at Peachtree Group has more than 40 years of industry experience in EB-5 . Have questions about EB-5, visit our website or contact us for more information.

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