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Penny Finally Drops at USCIS – Benefitting pre-2022 Reform & Integrity Act EB-5 Investors.

EB-5 projects can now be reviewed by the same adjudicators thereby avoiding duplication whilst increasing workflow.

As of July 2023, USCIS introduced a new processing workflow specifically designed for pre-Reform and Integrity Act (RIA) I-526 petitions. This initiative intends to improve review times, reduce the processing backlog, and ensure consistent adjudications for I-526 applications.

Structuring the petitions into three workflows, USCIS has created a first queue encompassing petitions without an available or soon to be available visa.

A second queue including petitions with an available or soon to be available visa but lacking a project review.

A third queue which is dedicated to petitions with an available or soon to be available visa, associated with a reviewed regional centre project or a direct project. Petitions in this queue will be reviewed according to a first in, first out order.

Whilst under this new system, petitions sharing the same project will be assigned to the same adjudicator(s) streamlining the review process.

Subsequent petitions should only require a source of funds review.

Whilst this is brilliant news for pre-RIA investors, many of whom have petitions waiting for over four years for adjudication, at present, USCIS has not indicated if it will apply a similar approach to post-RIA petitions

UCSIS 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.