𝗨𝗻𝗶𝘁𝗲𝗱 𝗦𝘁𝗮𝘁𝗲𝘀 – 𝟮𝟵𝘁𝗵 𝗝𝗮𝗻𝘂𝗮𝗿𝘆 𝟮𝟬𝟮𝟬 – 𝗣𝗿𝗼𝗰𝗲𝘀𝘀 𝗰𝗵𝗮𝗻𝗴𝗲 𝗳𝗼𝗿 𝗮𝗱𝗷𝘂𝗱𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗶𝗺𝗺𝗶𝗴𝗿𝗮𝗻𝘁 𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗯𝘆 𝗮𝗹𝗶𝗲𝗻 𝗶𝗻𝘃𝗲𝘀𝘁𝗼𝗿
On January 29, the U.S. Citizenship and Immigration Services (USCIS) announced a process change for the adjudication of Form I-526, Immigrant Petition by Alien Investor (Stage 1 of the EB-5 application process). Currently, the Immigration Services adjudicates these petitions on a first-in, first-out basis. The USCIS has announced a new process, with planned implementation on March 31, 2020, where adjudication priority will be given to petitions where visas are immediately available. These petitions will likely be adjudicated ahead of petitions where visas are not immediately available (i.e. foreign nationals born in China, Vietnam, or India). This change will affect both newly filed petitions and petitions pending as of March 31, 2020. Please note, this does not affect those who have already received the approval of Form I-526.
For current or prospective I-526 applicants who were born in a country outside of China, Vietnam, or India, their petition will receive adjudication priority. For applicants who are China-born, Vietnam-born, or India-born foreign national, their petition will be adjudicated based on visa backlog trends, as published by the U.S. Department of State on a monthly basis.
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