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USCIS adjusts process for managing EB-5 visa 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

Current Status

Fully in Effect

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" 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


Trump-Era Policy Documents

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