+1-800-997-1228
Questions & Answers

How does USCIS adjudicate batches of I-526 petitions for a particular project?

I received mail from my Regional Center that said that the first batch of I-526 petitions associated with the project have been approved. I was one of the last investors in the project, having applied on December 1, 2016. How does USCIS review a group of petitions and could I expect a faster adjudication of my petition in the next couple of months?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If USCIS is getting to other cases filed for your project, that is a pretty good sign. However, each case is technically a separate and distinct file, so consider your actual filing date and posted processing times.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the USCIS handles petitions on a first-come-first-serve basis. However, a number of factors may affect how petitions are handled regardless of whether they are filed at the same time or not. For instance, if there is any Request For Evidence (RFE) along the way, there may be a delay in processing time. Also, petitions are usually affected by the country of origin of petitioners. For instance, if you are from China, your petition may actually be delayed as opposed to some one from India. There is no faster or expedited service for I-526 petitions. Finally, a petition pending since December 1, 2016 is relatively not too long of a waiting time.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The good news is that your I-526 petition should be approved faster. That is, it is USCIS policy that their adjudicators in reviewing I-526 petitions should defer to a previously approved I-526 petition. The only part of the I-526 petition that will be reviewed will be the investor''s authentication of the personal investment funds.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    USCIS does group petitions based on a project. It may or may not mean your case will soon be adjudicated. Sometimes, certain cases within a project are delayed longer than the others depending on the complexity of source of funds or other issues.

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    USCIS does not review the I-526 petitions from a certain regional center as a group. They review each petition individually because they check, among other things, the source of funds of each individual investor. What your letter means is that a number of investors from your group have their petitions approved. That is all.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    It is possible you could expect a faster adjudication but, typically, it is taking at least a year or longer for an I-526 petition to be approved. The fact that a batch of I-526 petitions presumably filed for the identical project in which your EB-5 investment was made were approved is certainly indicative that it is very likely that your I-526 petition will also be favorably adjudicated.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    USCIS does batch big projects to stay consistent with the decisions. If it is a direct filing, then USCIS adjudicates on a first come, first served basis.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    They claim they adjudicate on a first-in, first-out basis.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally, USCIS adjudicates by project and by batch, so what happens in the first few cases seems to take longer than the published time. The fact they started adjudicating the first few cases and, provided they are being approved, is likely a good sign for you.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.