Open letter to the EB-5 legal community,
If your clients have pending I-526s at a USCIS Service Center or have had approved I-526s returned by NVC that contain subscription agreements that promise to return their investment if their I-829 is denied then the subscription agreement needs to be amended. That wording has been deemed to constitute a redemption agreement and such an agreement is prohibited.
If you know of such a situation then you can improve the timely processing of the case by taking advance corrective action now. To supplement a filing with an amendment to the subscription agreement, communicate your concern to the managing member of the investment LLP and get the ball rolling. Submit acknowledgement of the amendment to the subscription agreement along with a request to USCIS to interfile the documentation in the affected I-526 file to:
USCIS
California Service Center
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677
Attention: George Eberling W/S 24064
949-389-8034 (for the courier service waybill only)
Regards,
Joseph P. Whalen
Adjudications Officer
Department of Homeland Security
U.S. Citizenship & Immigration Services
Office of Service Center Operations
EB-5 Investor Program
20 Massachusetts Ave, N.W.
Washington, D.C. 20529
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