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Original Date Announced
January 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]
USCIS Adjusts Process for Managing EB-5 Visa Petition InvestorEffective Date
March 31, 2020Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Immigrant Visas: Employment-BasedAgencies Affected: USCISPre Trump-Era Policies
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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