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In our 15+ years of experience in the business immigration arena, we have closely monitored trends in adjudication standards for EB-5 direct investment applications. This careful observation has enabled us to identify common Request for Evidence (RFE) requests that applicants often encounter. Here, we outline these frequent RFE requests and explain how we help our clients avoid them, ensuring a smoother path to securing their EB-5 visas.
1. Source of Funds
Understanding the Requirement: One of the most critical aspects of the EB-5 visa application is demonstrating the lawful source of the investment funds. The U.S. government requires detailed documentation showing where the capital invested was obtained through lawful means.
Common RFE Issue: Applicants often face RFEs when their documentation is incomplete, inconsistent, or fails to clearly demonstrate the legal source of their funds.
Our Approach: In coordination with the immigration attorney handling the case, we draft an investment section based on a comprehensive paper trail that includes tax returns, bank statements, business records, and any other relevant documents. This meticulous preparation helps prevent RFEs related to the source of funds.
2. Insufficient Commitment of Funds
Understanding the Requirement: For an EB-5 application to be successful, investors have to show that they are actively in the process of investing the investment required. Merely having the funds available in a bank account does not satisfy this requirement.
Common RFE Issue: RFEs are frequently issued when applicants fail to show that their funds are being actively invested in the business.
Our Approach: We guide our clients in demonstrating active investment by developing an investment table based on contracts, invoices, and receipts that clearly show how the funds are being used in the business. Our thorough work proves that the investment is not just planned but already in motion.
3. Lack of Clarity in Job Creation
Understanding the Requirement: The EB-5 program requires the creation of at least 10 full-time permanent jobs for U.S. workers. Applicants must clearly outline how these jobs will be created and sustained.
Common RFE Issue: Many applicants receive RFEs due to vague or insufficient details about their job creation plans.
Our Approach: We help our clients develop detailed job creation plans that include job descriptions, hiring timelines, and organizational charts. By providing clear and specific information, we ensure that our clients meet the job creation requirement without ambiguity.
4. Lack of Details When Referencing Competitors
Understanding the Requirement: Part of a robust business plan involves a thorough competitive analysis. This includes naming competitors, comparing their products, pricing, and market positions.
Common RFE Issue: Applicants often get RFEs when their business plans lack detailed information about competitors or fail to adequately compare their business to others in the market.
Our Approach: We assist our clients in performing in-depth competitive analysis. This involves identifying key competitors, analyzing their strengths and weaknesses, and clearly articulating how our client’s business will stand out in the market. This comprehensive analysis helps to avoid RFEs related to competitive positioning.
Navigating the EB-5 direct investment visa application process can be complex, with numerous potential pitfalls that can lead to RFEs. At Visa Business Plans, we leverage our extensive experience to ensure our clients’ business plans are thorough, compliant, and well-prepared. By addressing common RFE issues proactively, we help our clients avoid delays and increase their chances of success.
If you are preparing for an EB-5 visa application and need expert guidance to ensure your business plan meets all necessary requirements, contact us today. Our specialized knowledge and dedication to detail can make the difference in securing your U.S. visa.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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