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【ARCFE News】 USCIS UPDATES I-526 PROCESSING FOR PETITIONS FILED PRE-RIA 2022

On July 18th, 2022, USCIS published an announcement updating their I-526 processing for petitions filed before the enactment of the EB-5 Reform and Integrity Act of 2022 (EB-5 RIA 2022). Previously, the processing of each petition will come in a first come first served basis based on the filing date to the first available adjudicator. Now, in hopes of increasing efficiency, the agency plans to assign I-526 petitions for the same NCE to the same adjudicator(s) considering the overlapping project documents. Read the full announcement from USCIS below.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/update-to-visa-availability-approach-for-form-i-526

U.S. Citizenship and Immigration Services (USCIS) is announcing an update to the visa availability approach to managing the inventory of Form I-526, Immigrant Petition by Alien Investor. The visa availability approach applies to pre-EB-5 Reform and Integrity Act of 2022 Form I-526 petitions and prioritizes the assignment of such petitions for investors with an available visa or a visa that will be available soon. The USCIS Immigrant Investor Program Office (IPO) manages this Form I-526 petition inventory through workflow queues factoring in whether: a visa is available (or will be available soon) and the underlying project has been reviewed. Workflow queues are generally managed in first-in, first-out (FIFO) order when a visa is available or will be available soon. Effective July 2023, IPO will update this approach by grouping petitions by new commercial enterprise (NCE) with filing dates on or before Nov. 30, 2019, within the workflow queue of petitions where the project has been reviewed and there is a visa available or soon to be available, to gain greater processing efficiencies.

Purpose

The purpose of updating the visa availability approach is to enable USCIS to increase productivity and more efficiently process Form I-526 petitions. As described in more detail below, IPO will group petitions in the third queue by NCE with filing dates on or before Nov. 30, 2019, because adjudicators can process Form I-526 petitions more efficiently when they are working multiple petitions associated with the same NCE given the overlap in project documents and issues presented.

Updated Process Description and Rationale

Under the visa availability inventory management approach, IPO determines visa availability and queues up the Form I-526 inventory into three workflows on a monthly basis as discussed.

  1. The first queue contains Form I-526 petitions where a visa is not yet available and not soon to be available and is ordered first-in, first-out.

  2. The second queue contains petitions related to projects that IPO has not previously reviewed and have a visa immediately available or soon to be available. IPO reviews projects in the second queue in order from oldest to newest.

  3. The third queue contains Form I-526 petitions that have an available (or soon to be available) visa and either a reviewed project or “non-pooled” (single investor) standalone project. This queue is organized by receipt date of the Form I-526 petition (from oldest to newest). This is the queue from which Form I-526 petitions are assigned to officers for adjudication. Form I-526 petitions have generally been assigned to officers in first-in, first-out order.

The update to the visa availability approach is effective July 18, 2023. IPO will group petitions by NCE with filing dates on or before Nov. 30, 2019, within the third queue. These petitions will be assigned by NCE using a FIFO methodology, namely, by date of the earliest filed petition in that queue for each NCE. Given the large volume of petitions filed shortly before the EB-5 modernization rule had taken effect in November 2019 and because the project documents are often the same, assigning multiple petitions associated with the same NCE to the same adjudicator(s) will enable IPO to gain greater processing efficiencies, reduce the backlog and Form I-526 completion times, and support consistency and accuracy in adjudications, while maintaining fairness given the closeness in the filing dates of these petitions.

USCIS is committed to reducing its Form I-526 petition backlog and completion times and has determined that this update to the visa availability approach will help the agency achieve this goal. 

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