By Joseph P. Whalen (September 5, 2013)

The proof is in the end result on the issue identified in the title of this article.

DISCUSSION: The May 30, 2013, EB-5 Adjudications Policy Memo allows the Regional Center to finalized projects, make certain changes to a project and skip filing an I-924 Amendment Application. Many folks out there may have overlooked one critical detail to their detriment when they choose to skip the I-924 Amendment. An approved I-526 Exemplar filed as an amendment means an approved I-924 Application which will result in a specific-project being written-up in an I-924 Approval Notice. A real I-526 filed by an EB-5 investor acting as a guinea pig for the project would only be issued a computer-generated approval notice on their own I-526 visa petition, lacking specific details of the project.

I can envision someone in another country (an “Agent”) holding up a copy of an I-526 approval notice for the “lead” investor in a specific project, i.e., their guinea pig investor, and claiming that it represents a basis for deference to all who follow suit. That might be true, or it might not. It depends on which specific project or even which Regional Center it actually represents as opposed to which project is then being offered to those other potential investors. Am I going slowly enough for everyone? In sum, many foreign based “Agents” in their own home countries, tend to stretch the truth and/or blatantly lie without any remorse.

I’d like to know if USCIS has changed their standard computer generated approval notices for I-526 visa petitions so as to tie it to a particular project, by name, as well as the Regional Center with which it is affiliated. Can anyone out there shed more light on this issue for the rest of us?

If you know of any I-526 Approval Notices that actually specifies the project and/or the Regional Center with which that Approval is affiliated, please share that with me. I will gladly play town-crier with that news and it would only give that project free advertising.

That’s my two-cents, for now.

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