EB5 Applicants Have Access to Investor Assistance Desk

The U.S. Department of State (DOS) has created an assistance desk for employment-based, fifth preference (EB5) investors. This effort to improve service for EB5 cases was launched by the National Visa Center (NVC) on February 22, 2016. An overview of the EB5 program is available in the MurthyDotCom NewsBrief, USCIS Releases Draft Memo on EB5 Job Creation and Investment Requirements (02.Sep.2015).

DOS Help Desk Access for EB5 Investors

The EB5 Investor Assistance Desk is available to answer questions via eMail at NVCeb5@state.gov. The DOS indicates that this eMail is for those with approved investor petitions (form I-526). The help desk will become involved in the case once the U.S. Citizenship and Immigration Services (USCIS) approves the I-526 and forwards the file to the National Visa Center (NVC) for further action.

Adding Derivative Family Members to EB5 Case

One important function designated for the assistance desk is to assist EB5 applicants with adding derivative (dependent) family members to their respective cases. An immigrant investor’s spouse and minor children are eligible to immigrate as derivatives. If a marriage occurs or a child is born abroad after the I-526 filing, these derivatives need to be added as additional visa applicants. Accordingly, an immigrant investor can now communicate with the help desk to add such family members to the case and send the corresponding supporting documents to evidence the relationship. The help desk will also generate fee bills for these visa applicants.

EB5 Process Remains Unchanged

The addition of an assistance desk does not change the standard EB5 investor visa process through the NVC. EB5 applicants still need to submit supporting documents, as instructed, through the NVC portal. But, the help desk offers an additional level of support and is staffed by individuals who are better equipped to answer I-526 related questions.

Conclusion

EB5 cases tend to be extremely complex and labor intensive, so it is encouraging to see the establishment of an assistance desk dedicated to help with cases filed under this category. Foreign nationals who are interested in applying for lawful permanent residency through the EB5 program are welcome to contact a Murthy Law Firm attorney at EB5@murthy.com.

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