1. What is the role of the National Visa Center (NVC) in an EB-5 Immigrant Investor Petition?
The National Visa Center (NVC) is responsible for pre-processing investor petitions for EB-5 Immigrant Investor Visas. They are responsible for collecting and maintaining the petitioner’s documents, reviewing the forms and verifying information, and then transferring the cases to the United States Citizenship and Immigration Services (USCIS).
2. How does the NVC process I-526 immigrant investor petitions?
The NVC (National Visa Center) processes I-526 immigrant investor petitions by verifying the applicant’s eligibility and preparing the case for the Department of State to process. The NVC verifies that the petitioner has met the required investment threshold, collected all the necessary documents, and checked for any potential fraud. After verification, the NVC then sends the approved petition to the Department of State for further processing. The Department of State reviews the petition and any other supporting documents for accuracy and makes a decision as to whether or not to approve the petition. If approved, the visa application is then forwarded to the consulate or embassy indicated by the applicant.
3. Does the NVC issue an approval or denial for an I-526 Immigrant Investor Petition?
No, the U.S. Citizenship and Immigration Services (USCIS) is responsible for approving or denying I-526 Immigrant Investor Petitions. The National Visa Center (NVC) is responsible for processing and managing immigrant visa petitions that have been approved by USCIS.
4. What documents are required to be submitted to the NVC for EB-5 Immigrant Investor Petitions?
The documents required to be submitted to the NVC for EB-5 Immigrant Investor Petitions include Form I-526, Petition by Alien Entrepreneur, along with all supporting documents such as evidence of investment funds, business plans, proof of the source of funds, and proof of job creation. Additionally, any other applicable forms and documents must be submitted to the NVC.
5. How long does it typically take for the NVC to review and process an I-526 Immigrant Investor Petition?
The processing time for I-526 Immigrant Investor Petitions can vary greatly depending on the individual case. Generally, the NVC will review the petition within 6-12 months after all required forms and documents have been filed. Additionally, the USCIS may take up to 6 months to process the petition once received from the NVC.
6. Does the NVC review or assess the merits of an EB-5 Investment in an Immigrant Investor Petition?
No, the National Visa Center (NVC) does not review or assess the merits of an EB-5 investment in an immigrant investor petition. The NVC is responsible for processing and reviewing immigrant visa applications and petitions. It is the role of the U.S. Citizenship and Immigration Services (USCIS) to review and assess the merits of an EB-5 investment in an immigrant investor petition.
7. Are there any additional fees required to be paid to the NVC for processing an I-526 Immigrant Investor Petition?
No, there are no additional fees required to be paid to the U.S. Department of State’s National Visa Center (NVC) for processing an I-526 Immigrant Investor Petition. The I-526 petition filing fee is currently $3,675 and is paid directly to the U.S. Citizenship and Immigration Services (USCIS).
8. Does the NVC conduct background checks on any members of an EB-5 investor’s family included in an immigrant investor petition?
No, the National Visa Center (NVC) does not conduct background checks on any members of an EB-5 investor’s family included in an immigrant investor petition. The US Citizenship and Immigration Services (USCIS) is responsible for conducting background checks on all individuals included in an immigrant investor petition, including any family members.
9. Does the NVC contact an EB-5 investor during the processing of an I-526 Immigrant Investor Petition?
No. The NVC does not contact EB-5 investors during the processing of an I-526 Immigrant Investor Petition. The I-526 petition process is handled by USCIS.
10. What is the role of the U.S. Embassy or Consulate in an I-526 Immigrant Investor Petition?
The U.S. Embassy or Consulate is not directly involved in the adjudication of the I-526 Immigrant Investor Petition. However, if the petitioner is found to be eligible for an immigrant visa, the U.S. Embassy or Consulate will be responsible for administering the visa interview.
11. Does the NVC provide any assistance to EB-5 investors in preparing their I-526 Immigrant Investor Petitions?
No, the National Visa Center (NVC) does not provide any assistance to EB-5 investors in preparing their I-526 Immigrant Investor Petitions. However, the U.S. Citizenship and Immigration Services (USCIS) may be able to provide some guidance in this process. As an EB-5 investor, you should consult an immigration attorney for more detailed advice and assistance in completing your I-526 petition.
12. What types of information does the NVC require from EB-5 investors before it can accept their I-526 Immigrant Investor Petitions?
The NVC requires the following information from EB-5 investors before it can accept their I-526 Immigrant Investor Petitions:
– Documentation of lawful source of funds
– Evidence of investment capital such as bank accounts, securities, real estate, or business ownership
– Documentation of the investor’s ability to pay the required filing and visa fee
– Copies of documents demonstrating the investor’s identity, such as passport or national identification card
– Evidence of the petitioner’s financial capacity and any other required documents
13. Is there a limit on the number of I-526 Immigrant Investor Petitions that can be accepted by the NVC from a single EB-5 investor?
No, there is no limit on the number of I-526 Immigrant Investor Petitions that can be accepted by the NVC from a single EB-5 investor.
14. How does the NVC ensure that I-526 immigrant investor petitions are processed accurately and efficiently?
The NVC strives to ensure I-526 petitions are processed accurately and efficiently through several measures. These include reviewing all documents and evidence submitted with petitions to ensure they meet the eligibility requirements, verifying that financial documents meet the required standards, and contacting petitioners for any additional information or documentation needed to complete processing. The NVC also works closely with USCIS and other partners to ensure petitions are processed in a timely manner.
15. Are there any restrictions on who can submit an I-526 Immigrant Investor Petition to the NVC?
Yes, there are certain restrictions on who can submit an I-526 Immigrant Investor Petition to the NVC. The petitioner must meet certain qualifications including having an investment of at least $1,000,000 in a qualifying commercial enterprise and having created at least 10 full-time jobs for U.S. workers. Additionally, the petitioner must be from a country that the U.S. currently allows to participate in the EB-5 Program.
16. Is there a time limit for filing an I-526 Immigrant Investor Petition with the NVC or with a U.S. Embassy or Consulate abroad?
No, there is no time limit for filing an I-526 Immigrant Investor Petition with the NVC or with a U.S. Embassy or Consulate abroad. USCIS processes petitions as they are received.
17. Does the NVC communicate with other immigration agencies or government entities regarding EB-5 investments and immigrant investor petitions?
Yes. The NVC may communicate with other immigration agencies or government entities in order to obtain information that is necessary to process EB-5 immigrant investor petitions.
18. Does the NVC provide guidance to EB-5 investors on complying with applicable laws and regulations related to their investments and petitions?
No, the NVC does not provide guidance to EB-5 investors on complying with applicable laws and regulations related to their investments and petitions. However, the NVC can provide general information about the process and requirements for filing an EB-5 visa petition. It is recommended that investors seek guidance from a qualified immigration attorney for more specific information about their particular situation.
19. Can an EB-5 investor withdraw their I-526 Immigrant Investor Petition from consideration by the NVC at any point during processing?
Yes, an EB-5 investor can withdraw their I-526 Immigrant Investor Petition from consideration by the NVC at any point during processing. The request to withdraw the petition should be made in writing and sent to the NVC. It is important to note that the USCIS will still need to process the withdrawal request even after the petition has been withdrawn, and the investor may still be required to pay associated fees.
20. Are there any appeals options available for EB-5 investors whose I-526 Immigrant Investor Petitions are denied by the NVC?
Yes, there are appeals options available if an EB-5 investor’s I-526 Immigrant Investor Petition is denied by the NVC. The investor can file a Motion to Reopen/Reconsider, or if the motion is denied they may be able to file an Administrative Appeal. The investor should consult an experienced immigration attorney to determine the best course of action for them in this situation.