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USCIS adjusts process for processing EB-5 immigrant investor petitions

  1. Original Date Announced

    January 29, 2020

    USCIS announces Form I-526, Immigrant Petition by Alien Investor, will now be processed on a visa availability approach, rather than a first-in, first-out basis. [ID #581]

    USCIS Adjusts Process for Managing EB-5 Visa Petition Investor
  2. Effective Date

    March 31, 2020
  3.  
  4. Biden Administration Action: Modified

    June 1, 2022

    Form I-526 Immigrant Petition by Standalone Investor

    USCIS released the 6/1/2022 edition of Form I-526 which has been modified and retitled as the Immigrant Petition for Standalone Investor. The new form is split into two versions (Form I-526 and Form I-526E) to accommodate the EB-5 Reform and Integrity Act of 2022, which made significant changes to both the filing and eligibility requirements for investors under the EB-5 program.

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  5. Biden Administration Action: Modified

    July 12, 2022

    7.12.22 - USCIS Releases Revised Form I-526

    USCIS announces that starting July 12, 2022, USCIS is accepting the new Form I-526, Immigrant Petition by a Standalone Investor. Starting September 12, 2022, USCIS will only accept the 06/01/22 edition. Until then, stakeholders can also use the 04/15/19 E, 04/15/19, and 11/21/19 editions.

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Current Status

Fully in Effect
June 1, 2022
Acted on by Biden Administration
July 12, 2022
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

Pre Trump-Era Policies

  • March 17, 2020

    Under the prior "First In, First Out" (FIFO) process, generally USCIS processed Form I-526 petitions in the order received. Under the FIFO process, consequently, petitioners without immigrant visa numbers available would tend to be processed ahead of those with visa numbers available, given that the oldest Form I-526 petitions are primarily from countries that are now oversubscribed. (i.e.. the country’s immigrant visa demand exceeds the supply of visa numbers available for allocation in a given classification from the State Dept.).

    Questions and Answers: EB-5 Immigrant Investor Program Visa Availability Approach

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