At the Law Offices of Sabrina Li, we pride ourselves on providing tailored solutions for complex immigration matters. One such success involves a Regional Center (RC)-affiliated I-526E petition filed by an F-1 student. After more than a year of processing, the petition was approved outright, with no Request for Evidence (RFE) or Notice of Intent to Deny (NOID)—a reflection of our strategic approach and attention to detail.

Understanding the Client’s Unique Challenges

Our client, an F-1 student born in mainland China, retained our services to handle their RC-affiliated I-526E petition. This case came with unique challenges, particularly China’s strict foreign currency control policies, which make it difficult for many Chinese EB-5 investors to document the lawful source and transfer of investment funds.

Another critical factor was the client’s need to secure a visa under one of the three EB-5 set-aside categories created by the Reform and Integrity Act (RIA) of 2022. These reserved visa categories allow qualified investors to bypass the long visa backlog for Chinese-born applicants. Because the client’s investment met the criteria for one of these reserved spots, they also became eligible to file a concurrent adjustment of status application (I-485)—a major advantage that required precise and timely execution to maximize this opportunity.

Crafting a Strategic and Timely Approach

After assessing the client’s unique circumstances, our legal team developed a dual-pronged strategy: first, compiling comprehensive evidence to prove the lawful source and path of the investment funds, and second, ensuring the funds could be quickly transferred to the U.S. We recognized the urgency of the reserved visa categories remaining current and worked diligently to finalize both the I-526E petition and the AOS application in just over one month. This swift action allowed the client to submit their applications on time and with confidence, maximizing their opportunity to benefit from the available visa allocation.

A Year Later: Success Despite Premature Concerns

A year after filing the I-526E petition, while it was still pending adjudication, the client reached out with concerns after receiving differing advice from another attorney handling a separate EB-5 case for their family. The attorney suggested that additional documentation might be necessary to establish the lawful source of funds.

With our experience in EB-5 filings, we reassured the client that our approach prioritizes well-prepared, strategically structured filings, addressing concerns only if and when USCIS formally requests additional evidence. However, understanding the client’s concerns, we supported their decision to prepare additional documents for peace of mind.

To the client’s pleasant surprise, their case was approved the very next day—without any requests for additional evidence from USCIS. This outcome reinforces the importance of a thoughtful, informed approach that aligns with USCIS expectations, ensuring a smooth adjudication process and demonstrating the strength of a well-prepared petition from the outset.

What to Know About EB-5 Set-Asides and Concurrent I-485 Filing

The Reform and Integrity Act (RIA) of 2022 introduced three reserved EB-5 visa categories, also known as “set-asides”, to encourage investments in rural areas, high-unemployment areas, and infrastructure projects. These set-aside visas provide a significant advantage for investors, particularly those born in mainland China and India, by allowing them to bypass the long visa backlog associated with the standard (unreserved) EB-5 category.

Key Takeaways

1. Who Qualifies?
   • To be eligible for a reserved visa, an investor’s project must be in one of the three designated areas:
   • Rural areas
   • High-unemployment areas
   • Infrastructure projects
2. Concurrent Filing Advantage
   • If a reserved visa is currently available, investors can file Form I-485 (adjustment of status) at the same time as their I-526E petition. This allows them to legally remain in the U.S. and pursue permanent residency while their EB-5 case is pending.
3. Timing Matters
   • These reserved visa categories are limited and may not remain available indefinitely. Filing early is crucial to securing a spot before the visas become backlogged.

By leveraging the set-aside visa categories and concurrent filing, investors can expedite their path to permanent residency. If you need guidance in navigating this process, our experienced legal team is ready to assist you in achieving your immigration goals.

Need Help to Navigate EB-5 Process? Contact the Law Offices of Sabrina Li

This case exemplifies the critical role of strategic planning and a tailored approach to the client’s specific needs in achieving successful outcomes, even in challenging circumstances. Our founding attorney, Sabrina Li, is certified by the State Bar of California as a legal specialist in immigration and nationality law. Under her leadership, our legal team is well-versed in handling complex immigration matters. If you or someone you know is facing similar issues, contact our office today at (213) 375-8096 or email info@sabrinali.law to ensure you have the best possible representation throughout your immigration journey.

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