This guide provides a list of documents generally required for the I-526 Source of Funds Analysis. Because each case is unique and presents different facts and circumstances, the list below is only intended to offer guidance on the majority of documents required, and is in no way representative of all documents required. At a minimum…

On March 11, 2022, Congress passed the “EB-5 Reform and Integrity Act” as part of the Omnibus spending bill. See blog post here. On April 11, 2022, USCIS posted an interpretation of the legislation that would nullify all 600-plus designated regional centers and require all entities to be re-designated in order to be authorized…

The State Department recently published the July 2021 Visa Bulletin. In the July 2021 Visa Bulletin, the final action priority date for EB-5 Vietnam moved forward significantly to April 1, 2020. This means that an EB-5 investor born in Vietnam who filed an I-526 Petition on or before March 31, 2020, may have a…

EB-5 investors achieved a victory in their continuous efforts against lengthy USCIS processing times for I-526 petitions in Gutta v. Renaud. This lawsuit establishes precedent for EB-5 mandamus cases with the decision that unreasonably long processing times were in violation of the Administrative Procedure Act (APA). Almost two dozen EB-5 investors coming from a…

The Executive Order, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” signed on April 23 by President Trump is narrower in scope than his prior statements promising a shutdown of immigration to the United States. The Executive Order bans the issuance of…

On Jan. 29, 2020, USCIS announced that it would be making a significant change to the processing of I-526 Petitions, commonly referred to as EB-5 Petitions. USCIS previously had a policy to adjudicate EB-5 Petitions on a “first-in, first-out” basis. This meant that USCIS was to review and decide EB-5 Petitions based solely on the…

After years of delay the Obama-era EB-5 immigration regulations were published on July 24, 2019. You can find a copy of the regulations at this link. You can also find a summary of them here. The regulations only apply to those who file their I-526 Petitions on or after Nov. 21, 2019. Without…

On May 31, the Congressional Hispanic Caucus announced, “Following CHC Request, GAO Agrees to Open Investigation into Record-Breaking Immigration Case Backlog at USCIS,” in which Chairman Castro stated the following:

My colleagues in the Hispanic Caucus and I look forward to reviewing GAO’s findings. We must ensure that USCIS is meeting its Congressional…