Why RFEs Happen in EB-5 and How to Handle Them

Nathan Patel
4 days ago
3 min read

In the context of the Form I-526E petition, an RFE (Request for Evidence) is USCIS telling you that they need more information before making a decision. While it’s stressful, an RFE is not a denial, but often a part of the process to an approval.

What Exactly Is an RFE, and Why Do They Happen in EB-5?

An RFE is a formal request from USCIS asking for additional documentation or clarification. For EB-5 petitions, this is fairly common, because these filings are structurally complex. Several specific issues tend to trigger RFEs for investors:

1. Source and Path of Funds

Investors must prove that the money they invest is from lawful sources (salary, business, savings, inheritance, etc.).
USCIS often asks for detailed transaction histories, bank statements, loan agreements, or gift documentation.
If there are gaps or unclear “paper trails,” USCIS will likely request greater detail to connect the source of funds to the money that ends up in the EB-5 project.

2. Project Documentation Issues

USCIS may question whether the project (New Commercial Enterprise, or NCE) and its affiliated Job-Creating Entity (JCE) are sufficiently documented.
If the regional center filed a Form I-956F (the “pre-approval” of a project) that lacks clarity, USCIS may want more.
Concerns may also arise around whether the project structure truly risks the investor’s capital, or whether the job-creation model is robust and realistic.

3. Compliance with Integrity Rules

Under the EB-5 Reform & Integrity Act (RIA), there are stricter requirements for fund administration, audits, and reporting.
USCIS may challenge whether the regional center is following those new integrity measures or whether there is a clear mechanism in place for protecting investor money.
They may also ask for proof of third-party audits, escrow arrangements, or proper fund flows.

4. Credibility of Job Creation

Job modeling is foundational to EB-5. If USCIS doubts the number of projected jobs or how they’re being calculated, they may issue an RFE.
They might ask for additional economic reports, scenario analyses (what happens if the project underperforms), or more detailed proof of how jobs will be created and sustained

How to Respond to an RFE: Smart, Tactical Steps

Receiving an RFE is not the end of your case but a signal that USCIS needs greater clarity. Here’s a recommended playbook for responding effectively:

1. Work with a Strong EB-5 Attorney

● Engage a lawyer who has real EB-5 experience (not just general immigration). They’ll know how RFEs typically come in EB-5 cases and what documentation is most persuasive.

● Experienced attorneys will help you prepare narratives, structure responses, and avoid common pitfalls.

2. Prepare a Detailed and Organized Response

● Address each point in the RFE, one by one. Don’t just provide documents — explain them.

● Provide a “narrative” that tells the story: where the funds came from, how they moved, and how they got to the NCE.

● Use clear labeling of documents (e.g., “RFE Item #2 – Gift Agreement”) so USCIS can match each piece of evidence back to their request.

3. Submit Before the Deadline

● Most RFEs give you 87 days to respond (though this may vary).

● USCIS rarely grants extensions for RFE responses, so make this your top priority once you receive the notice.

4. Reconfirm “At-Risk” Status

● If USCIS questions whether the funds are “at risk,” reiterate your commitment: show that your capital was invested, is held in the right structure, and is not guaranteed.

● Provide financial documents (escrow agreements, capital stack breakdowns, project budgets) that reinforce this.

5. Anticipate Future Petitions

● Even after you respond, keep good records. The same issues (source of funds, job creation, project structure) will matter again at I-829 (when you remove conditions).

● Maintain thorough documentation so future filings go smoothly.

Final Thought

RFEs are a reality in the EB-5 process but they don’t have to be a disaster. With the right strategy and preparation, you can turn an RFE into an opportunity to reinforce the strength of your petition.

At EB-5 USA, we help investors navigate every complexity: reviewing fund trail, working closely with immigration counsel, and building airtight RFE responses.

Because your Green Card shouldn't take a Lifetime.