Changes in I-526 Processing: Enhancing Efficiency and Reducing Backlog

Effective July 18th, 2023, USCIS has implemented significant changes to the processing of pre-RIA EB-5 petitions, prioritizing petitions based on visa availability. The previous First In, First Out (FIFO) method of processing I-526 forms has resulted in a significant backlog, particularly for petitions filed before the modernization of the EB-5 program on November 30th, 2019. Under the old system, a single New Commercial Enterprise (NCE) could undergo multiple adjudications for each I-526 petition, leading to unnecessary redundancies and processing delays.

The new system introduces three separate "queues" for petitions, based on visa availability and the NCE's progress in the adjudication process. USCIS has outlined the criteria for these queues as follows:

1. The first queue consists of Form I-526 petitions where a visa is not yet available and not expected to be available in the near future. These petitions are processed on a first-in, first-out basis.

2. The second queue comprises petitions related to projects that the IPO (Investor Program Office) has not previously reviewed and have an immediately available or soon-to-be available visa. Projects in the second queue are reviewed in chronological order, from the oldest to the newest.

3. The third queue includes Form I-526 petitions that have an available or soon-to-be available visa and are associated with either a reviewed project or a "non-pooled" standalone project with a single investor. This queue is organized based on the receipt date of the Form I-526 petition, with petitions assigned to officers for adjudication in a first-in, first-out order.

This new system significantly reduces redundancies and backlog by assigning petitions to adjudicators based on the NCE, rather than solely relying on FIFO. This approach allows a single adjudicator to review all petitions for a specific project, enabling IPO to achieve greater processing efficiencies, reduce backlog and Form I-526 completion times, and ensure consistency and accuracy in adjudications. Importantly, this approach also maintains fairness considering the proximity of filing dates for these petitions.

These changes mark a significant step towards streamlining the EB-5 petition process, addressing long-standing issues of backlog and delays. By assigning petitions to adjudicators based on the NCE, USCIS aims to improve processing times and enhance the overall efficiency of the system.

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