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For investors in the EB-5 visa process, receiving a Request for Evidence (RFE) can come as an unexpected stage while awaiting a decision on their petition.

However, an RFE is a common part of the EB-5 visa process and does not indicate that a case has been denied. Instead, it means that U.S. Citizenship and Immigration Services (USCIS) requires additional information before making a final decision on the petition.

For investors considering EB-5, whether based in the UAE or elsewhere, understanding how RFEs work is an important part of preparing for the process.

Why does USCIS issue an RFE?

An RFE is issued when certain aspects of an EB-5 petition require clarification or additional documentation. In most cases, this relates to how the investment funds were sourced, transferred, and documented.

Typical areas of review include:

• Source of funds and how the investment capital was obtained
• The path of funds and how the investment was transferred
• Documentation linked to the EB-5 regional center project

For many investors, funds may be derived from multiple income streams, business activities, or international accounts. While this is entirely acceptable, it often requires more detailed documentation to clearly demonstrate how the funds were accumulated and moved. As a result, an RFE may be issued.

In many situations, the issue is not whether the EB5 investment visa qualifies, but whether the documentation sufficiently supports the application. RFEs are therefore a standard part of the EB-5 visa process, reflecting the strict legal and evidentiary requirements applied by USCIS.

How can investors reduce the risk of an RFE?

While RFEs cannot always be avoided, there is a strategic way in which investors could compile their petition so as to minimise the risk of getting them

Based on our experience at The American Legal Center, the following areas are key in reducing the likelihood of an RFE:

• Clear and well-documented source of funds: ensuring that all income sources are supported by consistent financial records
• A structured path of funds: presenting a clear and traceable movement of funds from origin to investment
• Consistency across documents: aligning bank statements, tax records, and supporting explanations
• Early identification of complex elements: addressing issues such as multiple income streams, cash-based earnings, or cross-border transfers at the outset
• A well-prepared narrative: ensuring that the overall source of funds explanation is clear, logical, and supported by documentation

An RFE is not uncommon in the EB-5 process, but how it is approached can have a direct impact on the outcome of the case.

Preparation and clarity at the outset remain key. Our team at The American Legal Center works with investors across each stage of the EB-5 visa process, from initial structuring through to preparing and responding to RFEs. We highly recommend that each prospective investor work with a qualified EB5 specialist to ensure that their files are approvable.