Update on EB-5 for the construction industry

An update on EB-5 visas comes from the American Immigration Lawyers Association1, indicating that the latest trends from the adjudicating officers seems to require much more detailed information, especially with regard to the description of the jobs that will be created as part of construction-related projects.

In addition to a business plan, which was already to be attached to the petition, a detailed and third-party verified review of each individual construction phase of the project, as well as each related expense item. It should also be shown that the time schedule table and the related costs allocated reflect average market standards.

In the event the applicant is not be able to provide such evidence together with the initial petition, USCIS will issue a request for additional evidence (“RFE”).

In response to the request a detailed time schedule, with dates of the beginning and the end of the works, all phases of construction and the subcontracted activities, together with third-party, independent opinions assessing (a) the time schedule, and (b) a detailed list of all expenses in order to demonstrate that those data reflect average market standards.

Notes

  1. AILA InfoNet Doc. No. 13110453 (posted Nov. 4, 2013).