On March 11, 2022, Congress passed the “EB-5 Reform and Integrity Act” as part of the Omnibus spending bill. See blog post here. On April 11, 2022, USCIS posted
Continue Reading District Court Orders USCIS to Process New I-526 Petitions Throughout Previously Authorized Regional Centers
On Jan. 29, 2020, USCIS announced that it would be making a significant change to the processing of I-526 Petitions, commonly referred to as EB-5 Petitions. USCIS previously had a policy to adjudicate EB-5 Petitions on a “first-in, first-out” basis. This meant that USCIS was to review and decide EB-5 Petitions based solely on the date the petition was filed with USCIS. Today, USCIS announced that it would change this policy and decide EB-5 Petitions using the “visa availability” approach.
The “visa availability” approach outlined by USCIS would prioritize EB-5 Petitions for adjudication based on whether a visa number is available to the investor. This ties the timing of the decision on the EB-5 petition to whether the investor is subject to visa retrogression based on their country of birth. As a reminder, the employment-based fifth preference category “EB-5” is allotted approximately 10,000 immigrant visas annually. This quota includes principal applicants, as well as spouses and dependent children under 21 years of age. No one country can exceed more than seven percent of the total EB-5 visas available in each fiscal year.
Continue Reading USCIS Announces Significant Change to EB-5 Adjudications Processing
After years of delay the Obama-era EB-5 immigration regulations were published on July 24, 2019. You can find a copy of the regulations at this link. You can also
Continue Reading New EB-5 Regulations: Winners and Losers
USCIS issued a policy alert on May 16, 2018, to announce that it will revise its policy guidance in the USCIS Policy Manual. The changes will be effective as of
Continue Reading USCIS Issues Policy Alert on Revising Policy Manual Regarding Tenant-Occupancy Methodology