On Monday during its quarterly stakeholders meeting, the USCIS released the latest statistics on EB-5 adjudications.  The statistics reveal an increase across the board in all EB-5 related filings including I-924 applications for both initial regional center designation as well as amendments to existing regional centers.  Individuals also filed the highest level of I-526, EB-5 Immigrant Investor Petitions and I-829, Petitions to Remove Conditions to date.

  • 92% of all EB-5 applications submitted to USCIS are for Investors who are investing in Regional Center affiliated commerical enterprises.
  • EB-5 Visa usage has increased tremendously with 1,293 Form I-526 petitions receipted in by USCIS in the first quarter of fiscal year 2012 alone.
  • In fiscal year 2011, USCIS receipted in a total of 3,805 I-526 petitions.  This is a significant increase from a total of 1,955 in 2010 and only 332 applications total in 2005.
  • USCIS also received their highest level of I-829 petitions to date in 2011, with a total of 2,345 receipted in as compared to only 768 in 2010.
  • Denial rates have also increased.  In fiscal year 2011, 39% of I-924 filings for either initial Regional Center Designation and/ or Amendments were denied by USCIS.  Individual I-526 adjudications also saw an increased denial rate of 19% in 2011.  Interestingly, although I-829 filings in 2011 were at their highest level in the history of the EB-5 program, they only saw a 4% rate of denial.
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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.