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USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory

Updated Time 16 Apr, 2020, 10:50 (UTC+08:00)

The US Immigration Department has announced a change in the process for Form I-526 petitions from "first-in, first-out" to the visa availability approach to create equity among countries applying for EB-5 Visa.This will make it easier for most investors to immigrate to the United States.

The I-526 form is an immigration application form for entrepreneurs applying for an EB-5 Visa investment visa. This application will include information proving that the visa applicant has invested for EB-5 projects. This is also the first form in the EB-5 visa application process.

USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory

What is “visa availability approach”?

This new processing will prioritize the approval of EB-5 Visa applications based on the number of visas available to investors by country. Accordingly, USCIS will postpone the date of priority for an individual's application if his / her country has enough applications for this round.

The number of EB-5 Visa applications required for each country does not exceed 7% of the total number of EB-5 visas available each year (10,000 visas). When the number of applications for a country's EB-5 Visa reaches 7%, the USCIS places the following applications in the queue for the following year. The application in this queue is called the "setback visa".

The order of priority for the records will be either on the "priority date", the EB-5 filing date or the date USCIS receives the application. USCIS will announce the date of the I-526 receipt notice to investors.

What is the impact of the new process?

For countries with a large number of EB-5 Visa applications such as Vietnam, China and India, the case of visa setback due to Visa demand will occur higher than the remaining countries. This means that investors have to wait for the priority date to be updated to the status of "current" on the Visa message board longer than other foreign investors.

This new method has been applied since March 31, 2020.

Customers interested in immigration programs or citizenship programs, please contact GIS for comprehensive advice. GIS is committed to bring customers the most suitable settlement program for themselves and their families.

Global Immigration Service Group (GIS)

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