What documents are mandatory in the RFE?

When the USCIS (United States Citizenship and Immigration Services) issues an RFE (Request for Evidence) in the context of the EB-5 visa, it means that the agency requires additional information and documents to confirm that the category’s requirements are being met. This situation can occur for different reasons, and the list of documents may vary depending on the particularities of each case.

Usually, the documents requested in an EB-5 RFE involve, for example, evidence related to the transfer and source of the investor’s funds. Among these, it may be necessary to present bank statements, tax returns, contracts, and records that prove the invested capital has a lawful origin.

Additionally, documents supporting the structure of the receiving company – such as bylaws, partnership agreements, and financial statements – may also be required, as well as a detailed business plan demonstrating the capacity to create jobs as required by the program. Another essential part can be the investor’s personal documentation, including passport, professional background, and, in some cases, documents evidencing business relationships that support the investment structure.

Each RFE is specific: the USCIS will clearly indicate which deficiencies or doubts exist regarding your petition, and therefore the set of mandatory documents may vary. It is important to emphasize that, when facing an RFE, strictly following the USCIS guidelines is fundamental. Attention to detail and organizing a complete response can significantly influence the process progress.

Therefore, it is recommended to seek help from professionals or specialized immigration consultancies, always observing the current laws and avoiding any offer promising guaranteed results or involving risks of scams and unethical marketing campaigns. Maintaining compliance with USCIS regulations throughout the process is crucial for the proper evaluation of the request.

Remember that each case is unique and that a detailed analysis of the documents requested in the RFE must be conducted with great caution, ensuring the response covers all issues raised by the immigration agency.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.