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.

What is 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

According to the June 2017 Visa Bulletin released by Department of State and effective June 1, there will be significant retrogression in the EB-1 category for individuals born in mainland
Continue Reading June 2017 Visa Bulletin Update: EB-1 Final Action Dates Retrogression for China and India

shutterstock_98569004This week, the Student and Exchange Visitor Program (SEVP) published its quarterly “SEVIS by the Numbers” report announcing that there are over one million international students in the United States. 
Continue Reading July 2016 “SEVIS by the Numbers” Report Indicates Growth in the Number of International Students Studying in the United States