On July 18, 2023, United States Citizenship and Immigration (USCIS) announced an update to the visa availability approach to managing the inventory of Form I-526, Immigrant Petition by Alien InvestorContinue Reading USCIS Announces Update to Visa Availability Approach for Form I-526
Processing times for many EB-5 related petitions continue to vary. The updated processing times are as follow:
- Form I-526: Immigrant Petition by Alien Entrepreneur – 29.5 to 61 months
Due to a recent system conversion at the United States Citizenship and Immigration Services (USCIS), all I-829 receipt notices and ASC Appointment notices are now delayed 90 days or more. This may be dismaying for many EB-5 investors and their dependent family members who may have waited a long time to reach this final step in the EB-5 process. Since the I-829 petition can only be filed 90 days prior to the expiration of the EB-5 investor’s conditional permanent resident (CPR) status, the 90+ day delay in the issuance of receipt notices on the part of USCIS is at the top of the list of problems plaguing the I-829 process right now. It appears to be especially problematic for those I-829 petitioners and dependents who are located outside of the United States at the time the I-829 petition is filed.
Continue Reading EB-5 Alert – Recent System Conversion at USCIS Results in 90+ Day Delay for I-829 Receipt Notices and ASC Appointment Notices
Kate Kalmykov recently presented at the EB-5 Conference with the USCIS Investor Program Office (IPO) hosted by The Steven L. Newman Real Estate Institute – Baruch College. Kalmykov’s panel addressed…
Continue Reading Greenberg Traurig’s Kate Kalmykov Recently Presented at the EB-5 Conference with USCIS IPO
On Nov. 7, 2017, United States Citizenship and Immigration Services (USCIS) Immigrant Investor Program Office (IPO) held an EB-5 stakeholder program at their New York City field office. GT attorneys Kate Kalmykov and Kristen Ng attended the in-person session. During the engagement, key members of the IPO addressed: 1) updates from the IPO; 2) priorities for FY 2018; and 3) stakeholder questions from both the phone and the live audience. Below is a summary of the engagement:
Continue Reading USCIS Holds EB-5 Stakeholder Engagement in New York City Field Office
Investors and their attorneys alike have taken note of a disturbing trend recently: when USCIS issues a Request for Evidence (RFE), it is oftentimes not received by either party. Typically, RFEs are mailed in hard copy, and a copy is mailed to the Investor, and a second copy is mailed to the attorney of record. In almost all cases with I-526 RFEs, the Investor is given 87 days to respond if he or she resides in the United States, and 98 days to respond if he or she resides outside of the United States. Recently, upon checking the status of a case using the USCIS online portal, the Investor and/or attorney will find that “A Request for Additional Evidence Has Been Mailed,” on a specific date; however, frequently the RFE is never received by either party, including the attorney of record that should receive a copy of all communications from USCIS. Common protocol is to follow up with USCIS via email, but some have experienced 1) unresponsiveness from USCIS, sometimes taking a several weeks to respond; and 2) the officer responding is unwilling to attach the RFE to the email correspondence without proof the RFE was not delivered, a standard which is impossible to prove given that USCIS mails the RFEs via U.S. Postal Service with no delivery tracking.
Continue Reading I-526 TREND: Delays in Receiving Requests for Evidence
On March 3, 2017, the USCIS Immigrant Investor Program Office (IPO) held an EB-5 Stakeholder Engagement in which several important updates to the program were provided.
“Unofficial” Statistics for Fiscal …
Continue Reading Recap of the March 3, 2017 EB-5 Immigrant Investor Program Stakeholder Engagement
At its July 28, 2016 stakeholder engagement, USCIS Immigrant Investor Program Office (IPO) Chief Nicholas Colucci focused his opening remarks on USCIS’s efforts to enhance the IPO’s adjudication capabilities, the…
On July 14, 2016, USCIS released updated processing times for the Immigrant Investor Program Office (IPO).
The updated processing times are as follow:
- Form I-526 Immigrant Petition by Alien Entrepreneur:
The USCIS Immigrant Investor Program Office (IPO) held its first stakeholder engagement of 2016 on Feb. 3. Primarily speaking for USCIS were Nicholas Colucci, Chief of the IPO, Julia Harrison,…
Continue Reading Recap of the Feb. 3, 2016, EB-5 Program Stakeholder Engagement