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Date Announced
Jan. 29, 2020USCIS 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]
View Policy Document -
Effective Date of Change
March 31, 2020
Status:
Final/Actual
Type of Action:
Agency Directive
Subject Matter:
Immigrant Visas: Employment-Based
Agencies Affected:
USCIS
Prior Policies
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Under the prior "First In, First out" process, generally USCIS processed Form I-526 petitions in the order received. Under the FIFO process, consequently, petitioners without 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. country’s 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