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Forms

Form G-28

Also called G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, notice of appearance.

Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is the filing that puts a lawyer or accredited representative on the record in a USCIS matter, and by doing so it decides who USCIS serves with the requests for evidence, the notices and the decision.

What it decides

Under 8 CFR 292.4(a) the appearance must be on the DHS form and must be signed by the applicant or petitioner as well as by the representative, and 8 CFR 103.2(a)(3) provides that a notice of representation which is not properly signed is processed as if it had never been submitted. Once recognised, the appearance holds until the matter it was entered for concludes, and is displaced only by the representative's written withdrawal or by a new form from a new representative, with a fresh form required for an appeal to the Administrative Appeals Office. From then on 8 CFR 292.5(a) routes every notice, service, request for evidence and decision to the representative of record rather than to the client. That is why the choice matters in a regional center deal. An investor's Form I-526E is the investor's own petition, so letting the sponsor's law firm appear on it means the investor's mail runs through counsel whose other client is the offering, and that is one of the conflicts 8 U.S.C. 1153(b)(5)(F)(i)(IV)(bb) requires the Form I-956F offering documents to disclose. The form itself is free.

Governed by 8 CFR 292.4(a) for the form requirement, the client signature, the duration of the appearance, substitution and the fresh form on an AAO appeal; 8 CFR 292.5(a) for service on the representative of record; 8 CFR 103.2(a)(3) for the effect of an improperly signed notice and for a beneficiary not being a recognised party; 8 U.S.C. 1153(b)(5)(F)(i)(IV)(bb) for the conflict of interest disclosure in the Form I-956F offering documents; Form G-1055, edition 05/29/26, for the $0 fee.

Related terms

  • Form I-526EForm I-526E, Immigrant Petition by Regional Center Investor, is the petition an investor files with USCIS to claim EB-5 classification under INA 203(b)(5)(E) for capital pooled in an offering for which a designated regional center has already filed Form I-956F.
  • Form I-956FForm I-956F, Application for Approval of an Investment in a Commercial Enterprise, is the application a designated regional center must file for each particular investment offering before any investor may petition on that offering.
  • Regional centerA regional center is an economic unit, public or private, that USCIS has designated to sponsor pooled EB-5 investment within a defined, contiguous and limited geographic area, and it is the only route on which a petition may count indirect and induced jobs.
  • Immigration attorneyAn immigration attorney is the lawyer who prepares an EB-5 investor's petitions and enters an appearance before USCIS on Form G-28, a role 8 CFR 103.2(a)(3) reserves to an attorney licensed in a US state, an attorney licensed abroad acting in matters outside the United States, or a representative accredited by the Board of Immigration Appeals.
  • Form I-290BForm I-290B, Notice of Appeal or Motion, is the single form carrying three different requests: an appeal to the Administrative Appeals Office, a motion to reopen on new facts, and a motion to reconsider on legal error.

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