What happens when an EB-5 application is transferred? - EB5Investors.com

What happens when an EB-5 application is transferred?

If an I-526 application was transferred from the California Service Center to IPO last year, will the transferred case need to get re-registered and be pushed to very last in the waiting list? Or is the EB-5 case registered separately from the other cases already present at the IPO and will continue on its own timeline?

Answers

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Technically, the transfer should not affect the processing times of the case. However, it does not happen all the time. If your case falls outside the processing times posted by IPO, your attorney or you should inquire with EB-5 unit.

Echo Meisheng King

Echo Meisheng King

Immigration Attorneys
Answered on

California Service Center collects and registers the data of I-526 petitions before forwarding them to the IPO (Immigrant Investor Program Office) for processing. This standard procedure will not result in your case being pushed to last on the waiting list. IPO adjudicates EB-5 applications exclusively.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

They are supposed to be processed via FIFO, but sadly this never happened with cases transferred from CSC.

John J Downey

John J Downey

Immigration Attorneys
Answered on

According to USCIS, your case will continue to have the same priority date and you should not lose any time because of the transfer.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

The transfer of all the EB-5 cases should not have placed your case at the back of the line. However, some cases may have gotten lost or misplaced in transit. Thus, if it has been 30-60 days more than normal processing time, then you should make an inquiry.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

The system recognizes the date of receipt of the case, regardless of where it was received. CSC still handles initial intake for many cases, while the actual review of the case is at the IPO.

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