Does USCIS give priority to certain EB-5 investors?
The 2022 Act “grandfathers” the eligibility of all pre-enactment investors as of the time they filed their EB-5 petition, so among other factors, pre- RIA investors who filed at the $500,000 minimum, will not be subject to an increase in their investment amount.
However, the “set aside” visas, allocated to rural (20%), infrastructure (2%), and high unemployment areas (10%), will only be made available to post-RIA investors.
While only the retrogressed countries such as India, China and Vietnam will benefit from said, “set-aside” reserved visas, all nationalities will benefit from the language in the Act indicating that rural project investors should be given priority in adjudication. This is applicable to all nationalities.
Said “priority processing” has caused a peak in investors’ interest in rural projects, causing Regional Centers to rethink project locations, in order to accommodate investor’s demands.
That said, no one knows how USCIS will interpret or implement Congress’ language in the Act. Of note is that “priority processing” will only be given to investors who are filing now, post – RIA.
Congress’ intent is to increase job creation in rural areas, where jobs are scarce.
However, to-date, practitioners have not experienced “priority” processing with rural applicants, mainly because USCIS does not seem to have the infrastructure needed for prioritizing rural EB-5 applicants.
We do expect said language in the Act to be honored and enforced, once investor Program Office (IPO) has the manpower and a plan on how to prioritize rural applicants.
PLEASE NOTE:
This content of our website are for educational purposes only and do not constitute legal advice or formation of attorney-client relationship.
Please consult an immigration attorney, with experience in the EB-5 filed for any specific questions related to your case.
Legal advice must be obtained for specific questions from your immigration lawyer after formal engagement (i.e. signed Contract with your lawyer).