USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory
USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory
On January 29th, 2020, USCIS announced a change in how they will be handling I-526 petition inventory going into the future. As we had mentioned in a previous post, it has been abundantly clear that USCIS has not been processing petitions in a First-in First-out order, but with this announcement, USCIS is formally acknowledging that after March 31st, 2020, they will not be using a First-in First-out basis for processing EB-5 petitions but rather a Visa Availability approach. See the full contents of the USCIS announcement below:
From: U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com>
Sent: January 29, 2020 8:33 AM
Subject: USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory
Change Addresses Fairness Issues in Visa Allocation
WASHINGTON— U.S. Citizenship and Immigration Services today announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.
This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program.
“Changing our approach from a first-in, first-out adjudication process to one that prioritizes petitions connected to individuals from countries where visas are currently available better aligns the EB-5 program with congressional intent and makes it more consistent with other USCIS operations,” said USCIS Deputy Director Mark Koumans. “This new approach increases fairness, allowing qualified EB-5 petitioners from traditionally underrepresented countries to have their petitions approved in a more timely fashion to receive consideration for a visa.”
This operational change is consistent with the agency’s processing of Form I-130, Petition for Alien Relative, in cap-subject categories. The new visa availability approach simply gives priority to petitions where visas are immediately available, or soon available, and will not create legally binding rights or change substantive requirements. Applicants from countries where visas are immediately available will now be better able to use their annual per-country allocation of EB-5 visas. The new visa availability approach will apply to petitions pending as of the effective date of the change. USCIS will implement the visa availability approach on March 31, 2020.
USCIS will hold a public engagement on March 13, 2020, from 11:00 a.m. to noon Eastern, to provide information and answer questions from the public about these operational changes to the management of Form I-526 petition inventory.
EB-5 Immigrant Investor Program: Public Engagement
From: U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com>
Sent: January 29, 2020 12:21 PM
Subject: EB-5 Immigrant Investor Program: Public Engagement, March 13, 2020
EB-5 Immigrant Investor Program: Public Engagement
Friday, March 13, 2020
11:00 a.m.-12:00 p.m. Eastern
U.S. Citizenship and Immigration Services invites you to participate in a public engagement meeting on Friday, March 13 11:00 a.m.-12:00 p.m. Eastern on the Immigrant Investor Program, also known as the EB-5 program.
This engagement is part of our ongoing efforts to enhance dialogue with the public on the EB-5 program. USCIS will address program updates, including the agency’s change from a first-in, first-out case-processing approach to a visa availability approach for Form I-526, Immigrant Petition by Alien Investor. You will have an opportunity to ask questions during the engagement.
Participation Details:
You may attend this engagement either in person at USCIS, 111 Massachusetts Ave. NW, Washington, D.C., or by teleconference.
If you wish to attend in person, please email us at public.engagement@uscis.dhs.gov. Seating is limited, so we encourage you to email early to request in person registration. Once we process your registration, you will receive a confirmation email with additional details.
To submit non-case-specific questions as agenda items before the engagement, email us at public.engagement@uscis.dhs.gov by 5 p.m. Eastern on Tuesday, Feb. 11.
To join the event via teleconference:
Call in Toll Free number: (888) 946-7792
Toll number for international callers: (517) 308-9375
Participant Passcode: 3996336
We recommend calling in 10 to 15 minutes before the teleconference begins.
To request a disability accommodation:
Email public.engagement@uscis.dhs.gov, and put “EB-5 Engagement” in the subject line.
Note to media
This engagement is not for press purposes. Please contact the USCIS Press Office at 202-272-1200 for any media inquiries.
We look forward to engaging with you!