The following article is based on our January 2025 webinar featuring immigration attorney Anahita George, Esq., a partner at the law firm George & Marzialo. Ms. George is one of the leading attorneys specializing in EB-5 petitions, with nearly 3,000 EB-5 filings and a 100% USCIS approval rate. She has used her expertise in tax and finance as an auditor at PricewaterhouseCoopers and KPMG, where she audited Fortune 500 companies such as Walmart and the Walt Disney Company.
In this webinar, Ms. George explains why it’s crucial for EB-5 investors to retain an experienced immigration attorney with a strong track record to help them file Form I-526E. She provides practical steps to begin the EB-5 process in 2025 and avoid costly mistakes. Finally, Ms. George analyzes recent trends in EB-5 filings and explains the best practices for Indian and Chinese investors to secure their Green Cards as quickly as possible.
This article contains key excerpts from each of the webinar’s main sections.
Watch the webinar or continue reading and discover how to file a successful EB-5 petition, receive USCIS approval, and build your family’s long-term future in the United States as lawful permanent residents.
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EB-5 Investors Must Work with an Immigration Attorney: Three Reasons Why
Summary: Why You Need an Experienced EB-5 Immigration Attorney
Avoiding I-526E Denials as EB-5 Visa Backlogs Loom
How Chinese and Indian Nationals Can Prepare for Upcoming EB-5 Backlogs
Our Work With EB-5 Clients at George & Marzialo—Get Started Today
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Watch Webinar Highlights
EB-5 Investors Must Work with an Immigration Attorney: Three Reasons Why
Working with an experienced EB-5 immigration attorney often centers around three main goals: (1) preventing errors in your I-526E petition from the start, (2) spotting and addressing mistakes caused by USCIS, and (3) fixing problems swiftly.
A professional who handles EB-5 cases day in and day out typically has a broad view of policy shifts, paperwork standards, and processing practices. With that background, the attorney can prepare stronger applications from the beginning, remain alert for USCIS errors, and know how to fix problems promptly when they arise.
Preventing errors begins with understanding the ever-changing EB-5 industry. Over the years, government policies and interpretations have shifted under different administrations, creating a moving target for those filing applications. Anyone who has handled these cases for a while has studied the details under President Obama, seen the stricter approach under President Trump, and then witnessed more lenient policy under President Biden.
Every statement in an application should be backed by a corresponding exhibit. If there is a number or a claim, it should be tied to a document that supports it. This method guards against oversights that can result in a USCIS denial.
An I-526E petition should be ready for approval at the time of filing. If an essential part is missing, there is no guarantee that USCIS will allow you to correct that mistake. Because of that, many attorneys in this field provide detailed petitions right away and do not charge extra when the government sends requests for evidence (RFEs).
Others take a different approach—filing a basic petition, then charging by the hour to answer each question from the government. That method might lead to extra delays, especially if the investor comes from a country like China or India that may soon enter a backlog of EB-5 filings. Filing complete and accurate documents from day one can avoid a lag of many months, or even years, caused by repeated back-and-forths with USCIS.
Delays have far-reaching consequences for investors from countries like India or China. If the visa category becomes backlogged (also known as retrogression), the window to get a conditional Green Card can shrink abruptly. Once retrogression kicks in, anyone who has not secured approval might wait much longer in line. An applicant with a clean and thorough petition can progress swiftly to the next step, which is filing for a conditional Green Card. But those with incomplete or flawed I-526E submissions may be stuck responding to questions and waiting for the government’s decision, only to discover that their priority date is no longer current by the time everything is settled. That wait can stretch for years.
Even when a perfect I-526E is submitted, USCIS can still make errors. This issue shows up in real cases where certain exhibits are lost during the transfer of paperwork. EB-5 filings travel through different hands, sometimes going to a contractor in Texas, then forwarded to the Investor Program Office in Washington, D.C. It is not unusual for entire groups of exhibits or photographs to disappear or be misplaced. When this happens, the attorney often receives a request for more documents.
A diligent law firm will keep an electronic version of the full file ready to send right away. If the government says, for instance, it cannot find exhibits numbered 22 through 44, the attorney can re-upload them through an online portal almost instantly. Sometimes approvals come within a day or two, if the only snag was that the exhibits went missing during processing.
In addition to formal requests for evidence, there is something known as a request for clarification. This can happen when the government loses documents, acknowledges the oversight, and simply asks the attorney to email the relevant material. Quick responses are crucial. Law firms that handle many EB-5 cases and maintain good standing with USCIS adjudicators USCIS often get these matters resolved without adding months to the process. They know that government offices sometimes misplace photographs or ask for receipt notices that are already in the file. By staying on top of these situations, well-prepared attorneys ensure that small slip-ups on the adjudicator’s side do not balloon into major delays for the investor.
Fixing mistakes quickly is the third pillar of the process. When something goes wrong, it is vital to address the problem without delay. There have been instances where the office in Texas reads the Visa Bulletin incorrectly and assumes there is no visa available for an Indian national under certain categories, even though that individual actually qualifies. These packages sometimes get sent back with a note saying no visa number is available. In response, experienced attorneys can mark the refiled paperwork with colored pages and large warnings explaining that the category is indeed current, and that the investor qualifies under the rules for rural projects or other special classifications. Before reshipping, though, the attorney will often contact the Lockbox (the mail processing center) to get confirmation that they made a mistake. This way, the Lockbox will agree to preserve the original priority date instead of issuing a new one. Preserving that earlier date can spare an investor from a later backlog if the category changes.
Similar missteps occur when an EB-5 project has filed a required USCIS form for the regional center or the project but has not yet received a formal receipt from the government. Under a settlement, if there is proof that the associated fee check has been cashed, the investor can file the main application without waiting for the official receipt notice. Sometimes, though, the Lockbox still returns the submission, insisting that the receipt number is missing. An attorney who is familiar with the settlement terms can write back with the exact language that explains the relevant agreement, forcing the Lockbox to recognize the earlier priority date. That detail becomes critical for investors who worry that the category might retrogress while they sort out these hurdles.
Another issue that can arise is the adjudication of conditional Green Card filings. In some instances, a separate government division might ask for evidence that should already be in the file, such as the approval notice for the investor’s EB-5 petition. When these things happen, answering promptly is everything. Some offices store or move files in ways that lead to missing documents or confusion about which department should handle each stage of the process. An attorney who has handled many EB-5 cases will have hundreds of template responses, reference documents, and past examples of government approvals that show the exact approach to fix each mistake. This experience helps calm the investor and ensures that the matter is resolved without causing major damage to an applicant’s place in line.
The key throughout all of this is steady familiarity with EB-5 rules. Frequent policy changes, multiple offices handling the files, and the possibility of visa retrogression create a complicated environment. An attorney who navigates these paths daily can cut down on processing time, reduce the chance of major snags, and protect the priority date for investors who risk waiting years if their petitions are bumped to the back of the line. Many applicants feel anxious when documents come back or the USCIS office claims something is missing. An experienced EB-5 attorney can show a track record of similar experiences, complete with redacted email chains that prove government errors were recognized and sorted out quickly.
Summary: Why You Need an Experienced EB-5 Immigration Attorney
Preventing errors is crucial in EB-5 petition filings. The process starts with an attorney examining about seven years of a client’s financial information, including bank and brokerage statements, tax returns, and any wage documents if the person resides in the United States. This review helps map the flow of funds across multiple accounts, making it easier to confirm that everything adds up in a way that satisfies government standards. For example, if a client reports total earnings of $1.8 million and $1.2 million has moved between accounts, that shows a credible path for the investment and can improve the chances of a successful petition.
Many people initially choose cheaper immigration attorneys to save money. Later, they come back with a 20-page RFE and find themselves spending more than they would have if they had built a complete, solid application from the start. Under the previous administration, officials had more flexibility to skip the RFE and move straight to a notice of intent to deny.
That left only 33 days for a person to present a full set of documents, which is rarely enough time to gather all the details for a source-of-funds packet.
The government also makes mistakes. USCIS offices experience staff changes, which can produce RFEs that do not align with the facts. An attorney familiar with current cases and arguments can address errors faster, reducing delays. Quick responses help prevent a file from languishing on an officer’s shelf. Once they finish looking at it, they set it aside, and if the next submission takes too long, they might forget the details. A prompt reply keeps the process moving and improves the chance of approval.
Avoiding I-526E Denials as EB-5 Visa Backlogs Loom
I-526E priority dates on the monthly Visa Bulletins have taken on new weight these days, especially for China and India. When a date is listed as current, people have the chance to file the I-526E petition along with their Green Card application, plus requests for work and travel authorization. That combination offers a major advantage for individuals in the United States holding H-1B, TN, F-1, or similar status. If the dates shift and become unavailable, it blocks the path to file the Green Card application at the same time as the I-526E, meaning there’s no quick route to a work permit or travel permit. With future date changes a real possibility, it is wise to file during months when the tables are still current.
I suggest filing everything by mid-month in case a backlog begins.
There have been instances of people delaying their I-526E submissions, hoping the following month will remain current. But visa bulletins can change with little warning, so it is best to prepare all documents and submit them as soon as possible. When files are sent close to the end of the month, a small rejection by the Lockbox could cause the entire packet to bounce. Then the refile date could land in a period where the visa bulletin may no longer be current. Losing that window is a hard setback for someone who needs a work permit and travel permit right away.
Careful mailing is also important to help Chinese and Indian investors avoid the upcoming backlog. One proven method is to send all petitions through a reliable overnight air delivery service, rather than ground shipping. A tracking number is crucial so the moment the package arrives, that proof can be saved. Sometimes, the government issues only a preliminary notice before the formal receipt notice comes through. In one case, the formal notice never arrived, but showing the delivery confirmation helped prompt the agency to generate the correct receipt. Attorneys who retain mailing confirmations, check copies, and delivery proofs have the evidence to argue for a correction if anything goes awry. Without these records, it becomes next to impossible to show that a filing was actually submitted.
Adjustment of status denials also happen in error. Sometimes, the Lockbox rejects an I-485 packet even though it was correctly filed. It might be because a regional center has filed the I-956F but does not yet have the corresponding receipt on file. When this happens, the Lockbox might not realize the project approval is pending or valid. If the file is rejected in error, it is possible to contact the Lockbox for a refile using the same payment, with the original date retained. That method protects the applicant’s place in line. But it requires quick action and the evidence to prove the original filing was complete. If someone simply resends everything without that coordination, a new filing date will be assigned. That would undermine the ability to keep the earlier date if the visa bulletin changes.
It is also important to watch for failures to issue receipts. This can happen when the checks have been cashed, but the official notices never show up. Keeping front-and-back copies of checks and saving the delivery signature can make a big difference. It proves the file was accepted, and it confirms which day the packet reached the office. All evidence should be stored in a secure place in case it must be provided to the government later.
Many I-526E applications today carry an IOE case number. Despite being labeled that way, most of those petitions do not display a real-time status online. In many cases, the system will say that the status is unavailable unless the agency has taken some recent action. Even with no immediate updates, it is still a good idea to add the case number to a personal online account with the agency. That way, if an officer issues an RFE, it appears immediately in the portal, and an email is sent to the applicant or attorney. This improvement allows for prompt responses. If the request is simple, like an unsigned subscription form, the problem can be fixed within hours, which sometimes leads to a fast approval soon afterward.
Busy times in EB-5 call for extra vigilance in tracking notices. Receipts might go to the wrong address or might never arrive. As soon as the fee check is cashed, if the receipt is missing after a couple of weeks, it is important to follow up. Some regional centers will not move forward with releasing capital from escrow until the receipt arrives. That can put a hold on progress until the documents are in place. Investors should also log into their online accounts often and enable email alerts so they never miss important updates.
Changing addresses can be a big hurdle, too. If the address changes after filing, any receipts and notices might bounce. Updating a record with the government used to be done by paper, but now it is usually an online process. A best practice is to know in advance if a move is coming. In that case, put the new address on the form before sending everything in, so there is no risk of missing key mail.
Another practice to avoid rejections is to always use the most recent version of each USCIS form. Regulations do shift, and old forms are sometimes invalid on a certain date. Once that date arrives, any packet arriving at the agency with an outdated form could be sent back. This problem might happen right as a country’s category retrogresses. Then the applicant loses the chance to file a concurrent I-485.
Good cover letters and logical organization of the supporting materials also help. EB-5 submissions can run into thousands of pages, so a USCIS officer who cannot quickly find relevant sections may send a broad request for more documentation, which slows down the entire process.
If a notice goes missing, it might be necessary to phone USCIS. The official line can route callers through an automated system. But there is a keyword that can sometimes lead to an actual representative: InfoPass. Another option is the agency’s live chat website, which might have a wait time but will eventually connect a person to an agent who can answer questions and provide service request numbers. Keeping a log of every phone call, online chat, or letter is key, along with any reference numbers the agent provides. That helps attorneys and applicants keep a complete history in one place. Everyone on the team should be aware of these details so they do not duplicate requests or confuse the agency with too many inquiries on the same file.
Finally, a new case law has given EB-5 attorneys more freedom when documenting funds on I-526Es. This recent decision rejected the government’s effort to demand extreme tracing of every single cent to the individual source. Though not legally binding in all circumstances, it can still be referenced in cover letters and briefs. Citing this case at the start of a petition helps inform the adjudicator about the legal standard, especially if that adjudicator is not a lawyer or is new to the unit.
How Chinese and Indian Nationals Can Prepare for Upcoming EB-5 Backlogs
Interest remains strong for both high-unemployment TEA and rural TEA projects. Many people still like high-unemployment TEA because those projects often have shorter timelines for returning money. Some of these projects aim to return funds in about three or four years, which sounds appealing.
At the same time, the ability to file EB-5 petitions together with work and travel permits makes a big difference for investors. That concurrent filing lets them stay in the United States and work while waiting for the Green Card. They might wait longer for the Green Card with high-unemployment TEA, but they have that interim benefit.
With rural TEA projects, people often accept a longer hold on their funds because it can mean faster approval and a quicker path to the Green Card.
Opinions in the field suggest that the high-unemployment TEA category could see backlogs before the rural TEA category. However, there is a different view that rural TEA might actually face a backlog first. The argument is that the government is approving rural TEA applications very quickly, and the large number of approvals might cause rural TEA to hit its limit first. In recent weeks, dozens of people and their families have received Green Cards through rural TEA, which is a big jump. Some believe that could speed up usage of the rural TEA visa numbers and lead to retrogression there before high-unemployment TEA.
Still, these projections are not certain.
This is why it is important to file as early as possible. Right now, it is still possible to pick either category, so people should decide based on their top priority. If that priority is fast approval of the Green Card, rural TEA might be best. If the priority is an earlier return of investment, high-unemployment TEA might make sense. Some people are covering all bases by choosing two projects at once, one rural and one urban. That way, if one category shows signs of retrogression in a monthly visa bulletin, they already have a backup ready without restarting the entire search process.
The current filing data show that the great majority of investors lean toward rural TEA for its quicker Green Card approvals, although there is still interest in urban TEA. If rural TEA ever hits a backlog, people might start shifting back to urban high-unemployment TEA instead of waiting for rural TEA to become available again.
Faster processing for rural TEA has been very noticeable during the last year. Some petition approvals have come in as little as eight to twelve months, which is extremely fast for EB-5. Then the conditional Green Card might show up four to six months after that.
However, the final step to receiving the actual card can be tricky, because it appears that the government’s internal systems do not always communicate well. The I-526E petition is handled in one service center, and the I-485 petition for the conditional Green Card sits in another. One office may not know that the other has approved the I-526E, so they do not move forward on the I-485. In those cases, a writ of mandamus can nudge the government to look at the pending case. Once the lawyers file that lawsuit and tell the government to pay attention, the government then requests any missing information and often approves the I-485 soon after.
For high-unemployment TEA, processing times can be much longer unless someone also chooses to file a writ of mandamus. The average timeline for high-unemployment TEA might be two to three years for people who are not from India. For Indians, it can be four or five years. Some marketing materials claim that both categories receive the same priority, but the law says that rural TEA gets priority.
H-1B Workers, Secure Your Work and Travel Permits Before Backlogs Hit
Recent mention of potential retrogression in the January Visa Bulletin made many people anxious. The bulletin, published each month by the Department of State, shows which visa numbers are still open for various categories and countries. When there is a threat of a backlog, it means some investors might lose the ability to file their I-526E and I-485 petitions at the same time.
If they miss that window, they cannot get that work and travel permit as a temporary safety net. In times of layoffs in the tech world, that permit is vital. It lets people stay in the country while job hunting, instead of needing to leave when an H-1B runs out or a job ends.
When an H-1B worker files the I-485 together with the I-526E, that person stops the clock on unlawful presence as soon as the application reaches the government. That means if they get laid off, they are not forced to depart within the usual 60-day period. They can remain in the United States, look for new work, and file an H-1B transfer later when they secure employment again. This is why timing matters so much.
The best strategy is often to file as soon as possible, before any backlog appears. If a huge surge of applications pours in at the last minute, attorneys might have to file incomplete petitions, which can lead to potential denials under tougher scrutiny.
Historical data shows that once the government sends out a warning in the bulletin, it can be only a few months before the official backlog hits. That means we might see changes in March or perhaps in April. Investors who wait until the last second could miss the chance to file concurrently. Then they lose the immediate benefits that come from the I-485, including work authorization and travel documents.
Choosing the right project should happen early. Many lawyers suggest deciding on a project at least a few weeks before a new monthly bulletin comes out. That way, the application can be packaged with all the required documents in a thorough and accurate manner. Rushed, partial I-526E filings are very likely to get denied.
In summary, filing your I-526E petition as early as possible is the main piece of advice. People do not want to scramble at the last minute and send substandard I-526Es. Right now, there is no absolute clarity on which category will backlog first, but many signs indicate it could happen soon. Even though the January bulletin made people rush, there was a small sense of relief in February. That should not cause investors to let their guard down, because new data may appear at any time, possibly in March or April. Once a warning is out, it can take only one or two bulletins before the cutoff dates shift. Many attorneys are already seeing more investors jump into rural TEA because of its priority treatment, while others still see a reason to pick high-unemployment TEA for the faster return of funds. No matter which category someone chooses, the main theme is to not sit around waiting for more bulletins, because the cost of waiting might be high.
Our Work With EB-5 Clients at George & Marzialo—Get Started Today
In the last four weeks, the team prepared and filed 46 EB-5 petitions, which was a big jump from around 20 petitions in earlier periods. This included time around the Christmas holiday, so the volume was especially intense. Much of our speed and efficiency is thanks to our robust use of technology. Dropbox is a key tool: clients receive a folder and are asked to upload seven years of tax returns, bank statements, brokerage reports, and other relevant financial documents. Another essential platform is Docketwise, which sends out questionnaires for immigration forms. While documents are being collected, clients also fill out the forms needed for EB-5.
During the first consultation with our clients, the team makes sure clients understand the adjustment of status guidelines that changed on December 2, 2024.
It is no longer possible to file an adjustment of status without a medical report. We ask our clients to locate a physician near them through the USCIS database and schedule an exam as early as possible. Indian clients in particular might test false positive for tuberculosis, which can cause delays. Missing vaccinations can also become an obstacle, especially when multiple doses of certain shots are required before the paperwork is issued. By handling these medical requirements right away, the overall process moves faster once the EB-5 filing begins.
As clients gather documents, we send them questionnaires, offer access to Dropbox for uploading each record, and coordinate completion of immigration forms. The team also encourages clients to set up their medical exams early. Night and weekend work are standard for meeting tight deadlines, especially after major tech layoffs that pushed many people to file urgently. Some petitions have even been prepared in five days when clients have U.S. funds.
More complicated sources of funds, such as those from India, can take three to six weeks to document. The team encourages anyone with a foreign source of funds to provide materials as early as they can so everything can be verified, compiled, and organized without last-minute strain.
Along with Dropbox and Docketwise, the team uses WhatsApp as a primary method of communication. Many people have day jobs, so traditional business hours often don’t work well for them. An individual who has a question at 11:00 PM can send a message and get a prompt reply, rather than waiting until the next morning. The team remains aware that clients do not usually handle immigration paperwork as their main priority during the day, so after-hours availability can help keep things moving. This readiness includes consulting on weekends and working through holidays if needed, particularly when the EB-5 “rush” requires quick turnarounds.
Moving on to how the firm handles EB-5 matters, the team has completed almost 3,000 files with a 100% approval record. We have achieved this track record by always submitting complete I-526E petitions. If any clarification is required by the government, the team addresses it, but the goal is always to anticipate issues and create strong filings.
Another major point is open collaboration with clients. People receive continuous access to work-in-progress files, along with exhibit lists, Excel sheets that detail the financial story, and draft cover letters. Clients can spot any mistakes in real time. This back-and-forth ensures that the client’s knowledge of their own finances is used effectively. The team might make guesses about mortgage payments or source-of-funds timelines, but the client is in the best position to confirm every date and payment method. That transparency helps avoid delays and misunderstandings.
When it comes to fees and billing, we do not charge extra for RFEs. We believe that, if the client provides full information upfront, the petition will be prepared thoroughly enough to avoid problems. That is why we pay so much attention to detail in our cover letters, financial documents, and every other piece of the application.
If you would like to schedule a consultation with George & Marzialo, visit selectgm.com. We have a OnceHub scheduler on the site for setting up calls without needing to send multiple emails back and forth. Another option is to reach out by WhatsApp.
