Still no such thing as pre-approval in EB-5!

Far too many  folks still think that there is such a thing as "pre-approval" for an EB-5 project. That is 100% WRONG!

The idea for an exemplar I-526 came from EB-5 Stakeholders.  USCIS did not want to do it. It was pushed on to USCIS via political lobbying and pressure from EB-5 stakeholders and their Congressional supporters. 

The idea is to allow a Regional Center to file an exemplar I-526 as an I-924 amendment because a RC cannot file an I-526. Only an alien investor can file an I-526. Rather than ask an investor to be a test case and risk denial, the RC files the I-924 which is NOT a visa petition and therefore is not subject to a showing of "eligibility at time of filing".  Once the underlying plans and standardized transaction documentation is fully EB-5 Compliant and fully vetted by USCIS, the RC can market the package as vetted and compliant with a specific notice from USCIS for that package of prima facie evidence of eligibility. The exemplar is not tied to an actual EB-5 priority date so any substandard documents can be changed and it is not an impermissible material change no matter how huge the changes that are made prior to real I-526s being filed en masse by investors.

The problem comes from RC sponsors and foreign agents who have misrepresented it as a "sure thing" and then they either have altered the documents to fall out of legal compliance through illegal and unethical "bait and switch" tactics or the actual project runs into problems or simply fails outright. 

There is not now nor has there ever been such a thing as "pre-approval"! It's the worst of all EB-5 MYTHS! Stop perpetuating it.