What changes has USCIS introduced regarding Adjustment of Status (AOS) processing? USCIS recently released a memorandum clarifying updated procedures for AOS adjudications, emphasizing more rigorous evidence review and tighter timelines for Requests for Evidence (RFE) responses. This affects all categories, including employment-based filings like EB-1C and EB-5, by potentially shortening the window for submitting additional documents and increasing scrutiny on eligibility proofs (8 CFR § 245.2).
How do these procedural updates affect L-1 intracompany transferees and EB-1C corporate executives? From our practical experience, L-1 and EB-1C applicants often face challenges demonstrating managerial capacity and qualifying relationship evidence. The new guidance means USCIS may issue RFEs earlier and expect more precise documentation. We recommend clients review their organizational charts and employment verification letters now to ensure clarity and compliance before filing or when responding to RFEs.
What should EB-5 investors focus on under the new AOS rules? Given USCIS’s increased focus on source of funds and project viability, EB-5 applicants must prepare comprehensive financial documentation and updated project status reports. We suggest clients coordinate with their regional centers or project developers to obtain current evidence promptly, as delays could affect adjudication timelines and eligibility.
What concrete steps can applicants take immediately to mitigate risks? First, verify your current I-797 receipt notice validity and track any pending RFEs carefully. Second, proactively gather and organize supporting evidence aligned with the new guidance—this includes updated business plans, tax returns, employment records, and financial statements. Our firm has seen cases where early preparation reduced RFE response times and improved approval chances substantially.