USCIS has updated the EB5 processing time at the Immigrant Investor Program Office (IPO) for the I-526 Petition (Immigrant Petition by Alien Investor) as well as the I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) for February 2020.
I-526 Petition Processing Times:
The updated processing time for the I-526 Petition has been reduced by half a month to 32 months to 49 months.
If your receipt date for your case was on or before January 26, 2016, and you are not from a country of origin that is currently experiencing an EB5 visa backlog, you can submit an inquiry for your case as it is “outside normal processing times.” Please note that if you’re an investor whose country of origin in Mainland China or Vietnam, your wait time may be longer due to the visa backlog. The February 2020 Visa Bulletin shows a final action date of December 1, 2014, for Mainland China applicants and a final action date of December 15, 2016, for applicants from Vietnam.
I-829 Petition Processing Times:
The updated processing time for the I-829 Petition is 23.5 months to 54 months. This range has increased by several months. In January 2020, the range was 21 months to 45.5 months.
EB-5 investors can submit an inquiry if their receipt date for their case inquiry was on or before August 16, 2015.
Historic Average Processing Times:
The historic average processing times have not been updated. They are for FY 2019 up to September 30, 2019.
I-526 Petition: 19.8 months
I-829 Petition: 33.3 months
See previous processing times for the I-526 Petition and the I-829 Petition as well as prior historic processing times.
EB5 Processing Change:
New I-526 Petition processing changes are coming. USCIS is set to change how they process the I-526 petitions from a first-in, first-out basis to a visa availability approach.
What this means for EB5 investors is that applicants from underrepresented EB5 countries may see faster I-526 petition approval. Currently, half of all EB5 applicants, according to FY 2019 number usage data, come from 3 countries. This change could greatly diversify the EB5 Program.