On July 11, the Department of Homeland Security (“DHS”) issued a notice of proposed revision of a currently approved collection of information as it relates to Form I-526. Comments
Continue Reading Notice of Proposed Revision of a Currently Approved Collection of Information- Form I-526
I-526
USCIS Performance Data Released for I-526 and I-829 Petitions
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…
Continue Reading USCIS Performance Data Released for I-526 and I-829 Petitions
Summer Update: USCIS Processing Time for I-526, I-829, and I-924 Petitions
On August 31, 2015, USCIS released updated processing times for EB-5 related petitions. The following chart provides the average processing times for cases being adjudicated by the Immigrant Investor Program…
Continue Reading Summer Update: USCIS Processing Time for I-526, I-829, and I-924 Petitions
Recap of the USCIS Lawful Source of Funds Public Engagement Feb. 26, 2015
USCIS held an informative session on Feb. 26, 2015 which went over common issues in a lawful source of funds analysis. Speaking from USCIS were three adjudication officers, two supervisors and Karen Harris, a division chief. USCIS stated its continued goal is to reduce I-526 petition processing times by streamlining adjudication. To this end, the call was meant to provide information to the public about common issues that arise over the course of USCIS review that often leads to the issuance of requests for evidence. The following were areas of source of funds analysis that USCIS focused on during the call:
1. Earned Income
Typically, earned income will come from employment or investments. When earned income comes from employment, USCIS stated such employment income can be proven by including:
- resumes,
- month salary verification (i.e. paystubs),
- employment certificates,
- affidavits,
- tax receipts, and
- bank statements.
However, USCIS made clear that objective third party evidence carries more weight than first person or self-serving evidence. For instance, a bank statement demonstrating a deposit of salary of an employment certificate signed by an employer carries more weight than an affidavit from the petitioner. Furthermore, multiple pieces of evidence which demonstrate consistency in the information are also important.
Continue Reading Recap of the USCIS Lawful Source of Funds Public Engagement Feb. 26, 2015
排期倒退、优先日期与I-526申请标准通知书
Following is the Chinese translation of a previously published blog post:
鉴于EB-5签证排期倒退迫近,现在就优先日期以及I-526申请批准书上涉及的有关内容做些基本介绍,正是一个合适的时机。美国联邦法律规定,每个财政年度EB-5签证的可用额度上限为10,000 名额. EB-5投资人提交I-526申请后,其I-526申请被美国移民局(USCIS)接收的日期,视为EB-5投资人的“优先日期”。排期倒退是指,签证额度达到上限后,美国国务院(DOS)必须根据过去的优先日期,给签证申请人划定一个截止日期,从而产生的时间滞期。打个形象的比方,EB-5签证好比是排队,EB-5投资人的优先日期就是其在长队中的位置。
Continue Reading 排期倒退、优先日期与I-526申请标准通知书
USCIS Releases Performance Data on I-526 and I-829 Petitions
On Feb. 18, 2015, USCIS released performance statistics on I-526 and I-829 EB-5 related petitions. The following charts provide the case status as broken down by petitions received, approved, denied, or pending from fiscal year 2008 through the first quarter of fiscal year 2015 (October through December 2014):
| USCIS statistics on I-526 EB-5 petitions for FY2008 – FY2015 | ||||
| Year | Received | Approved | Denied | Pending |
| 2008 | 1,258 | 642 | 120 | 853 |
| 2009 | 1,031 | 1,265 | 208 | 514 |
| 2010 | 1,953 | 1,369 | 165 | 1,125 |
| 2011 | 3,805 | 1,571 | 372 | 3,347 |
| 2012 | 6,041 | 3,677 | 957 | 5,018 |
| 2013 | 6,346 | 3,699 | 943 | 7,131 |
| 2014 | 10,923 | 4,925 | 1,169 | 12,453 |
| 2015 (First Quarter) | 2,941 | 1,652 | 133 | 13,526 |
Continue Reading USCIS Releases Performance Data on I-526 and I-829 Petitions
USCIS EB-5 Processing Times Increase
USCIS updated its processing times for the Immigrant Investor Program Office on Feb. 11, 2015. Unfortunately, the news is not welcome. Processing times ticked up slightly to 14 months for…
Continue Reading USCIS EB-5 Processing Times Increase
Retrogression, Priority Dates and I-526 Petition Approval Notices
With retrogression looming, it is a good time for a quick primer on priority dates and the information contained on an I-526 petition approval. U.S. federal law caps the number of EB-5 visas that are available each fiscal year at 10,000. When an EB-5 investor files an I-526 Petition, the day his or her I-526 petition is received at USCIS is the EB-5 investor’s “priority date.” Retrogression is the term which denotes the time period when the visa cap is reached and the U.S. Department of State (DOS) must establish a cut off-date for visa applicants based on a priority date in the past. An analogy might be to consider the EB-5 visa category as a queue and an EB-5 Investor’s priority date as his or her place in line in the queue.
Continue Reading Retrogression, Priority Dates and I-526 Petition Approval Notices
Holiday Update on USCIS Processing Time for I-526, I-829, and I-924 Petitions
Earlier this month, USCIS released updated processing times for EB-5 related petitions. The following chart provides the average processing times for cases being adjudicated by the Immigrant Investor Program Office…
Continue Reading Holiday Update on USCIS Processing Time for I-526, I-829, and I-924 Petitions
Retrogression for EB-5 Predicted at IIUSA Conference; July 2013 Cut-Off Discussed
The Chief of the Visa Control and Reporting Division of the U.S. Department of State, Charles Oppenheim, reported that the EB-5 immigrant visa category would likely retrogress in July 2015. However, this does contradict his prediction provided to AILA earlier last week of retrogression occurring in May 2015. What is striking about Oppenheim’s announcement was that retrogression of the EB-5 immigrant visa category would cause him to establish a cut-off date of July 2013. A cut-off date has the effect of establishing an orderly line for the issuance of EB-5 immigrant visas. The cut-off date is determined based on the date an I-526 Petition was filed and is the date included on each I-526 Petition approval notice in the “Priority Date” box. For example, if a cut-off date of July 2013 is established in July 2015, during the month of July 2015, only those EB-5 investors (and their derivative beneficiaries) with a Priority Date in July 2013 or earlier (i.e. June 2013, May 2013, etc.) may apply for an EB-5 immigrant visa.
Continue Reading Retrogression for EB-5 Predicted at IIUSA Conference; July 2013 Cut-Off Discussed