US Citizenship and Immigration Services has announced a shift from first-in-first-out processing of EB-5 I-526 petitions to a visa availability approach.

This change is set to come into effect from March 31, depending on the impact of shutdowns due to coronavirus.

Understanding this Change

Currently, USCIS processes I-526 petitions in the order in which they were filed irrespective of the nationality of the EB-5 investor.

From March 31, I-526 petitions from countries without an EB-5 visa backlog will be processed first followed by petitions filed by investors from backlogged countries, namely China, Vietnam and India.

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The content of this article reflects the personal insight of Attorney Colin Singer and needs no disclaimer.