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Today USCIS released performance data on I-526 and I-829 petitions.  The data provides an overview across several segments for case status (received/approved/denied/pending) for FY 2008 through FY 2015.  Data for FY 2015 is broken down by quarter.

The chart below summarizes USCIS statistics on I-526 filings:

I-526 Chart
Comparing this data to similar information in 2013 is illustrative of the surge in I-526 filings.  In 2013, USCIS received 6,346 filings compared with 10,923 in 2014.  The USCIS data for 2015 is reflective of the increased processing times for pending I-526 petitions.  With the widely anticipated upcoming changes to the EB-5 program combined with anxious investors eager to file prior to a possible increase in the minimum investment, we expect 2015 Q.4 data to show an amplified number of I-526 filings.  Likewise, based on the USCIS performance data and absent any legislative changes, investors from mainland China will likely continue to wait 1.5 to 2 years due to retrogression.

The chart below summarizes USCIS statistics on I-829 filings:

I-829 Chart

Comparing the I-829 data to similar information in 2013 is also indicative of an increase in I-829 filings.  In 2013, USCIS received 1,217 filings compared with 2,516 in 2014.  The USCIS data for 2015 further evidences the long delays in processing times for pending I-829 petitions.    

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Photo of Laura Foote Reiff‡ Laura Foote Reiff‡

Laura Foote Reiff Co-Chairs the Business Immigration & Compliance Practice and is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration

Laura Foote Reiff Co-Chairs the Business Immigration & Compliance Practice and is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues.

Laura advises corporations on a variety of compliance-related issues, particularly related to Form I-9 eligibility employment verification matters. Laura has been involved in audits and internal investigations and has successfully minimized monetary exposure as well as civil and criminal liabilities on behalf of her clients. She develops immigration compliance strategies and programs for both small and large companies. Laura performs I-9, H-1B and H-2B compliance inspections during routine internal reviews, while performing due diligence (in the context of a merger, acquisition or sale) or while defending a company against a government investigation.

Laura represents many businesses in creating, managing and using “Regional Centers” that can create indirect jobs toward the 10 new U.S. jobs whose creation can give rise to EB-5 permanent residence for investment. She coordinates this work with attorneys practicing in securities law compliance, with economists identifying “targeted employment areas” and projecting indirect job creation, and with licensed securities brokers coordinating offerings. She also represents individual investors in obtaining conditional permanent residence and in removing conditions from permanent residence.

Laura’s practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

Admitted in the District of Columbia and Maryland. Not admitted in Virginia. Practice limited to federal immigration practice.