What documents are required in an RFE?

There is no single mandatory document list that applies to every RFE (Request for Evidence). The USCIS notice itself specifies exactly which points were left unresolved in your EB-5 petition, and that is what determines what you need to submit. Each RFE addresses the open questions of that particular case.

Even so, certain themes come up frequently in EB-5 RFEs. A large portion of them center on proving the lawful source and path of funds invested, as well as supporting the business structure and its capacity to generate the jobs required by the program.

• Evidence of the source and transfer of funds, such as bank statements, tax returns, and contracts showing lawful origin.
• Business entity documents, such as articles of incorporation, operating agreements, and financial statements.
• A business plan demonstrating job creation in line with program requirements.
• Personal documentation of the investor, such as passport and professional history.

Because every RFE is individual, read carefully what USCIS requested and respond to every point within the deadline stated in the notice itself. A thorough and well-organized response carries weight in how the case proceeds, and it is worth seeking expert assistance to put it together. Always confirm the current requirements with USCIS.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.