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Why would USCIS process only some EB-5 petitions?

My I-526 was filed in Nov. 2014 for a regional center investment. About 60 percent of the applications in my regional center were approved seven weeks ago, but there have been no approvals since then (including on mine). Why is it that some applications are processed and others pending for a given regional center when all of them are submitted within 1-2 weeks?

Answers

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    Anthony Korda

    Immigration Attorney
    Answered on

    Sadly, this is a common occurrence. USCIS states that it follows a strict ''first in/first out policy'', but experience shows that that does not always appear to be the case. It may be that petitions were processed by different processors, or it may be that certain nationals from certain countries attract more detailed background checks. It may also be that Requests for Evidence will be issued in relation to investor background or their source of funds.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The cases may have been split among several officers, and from our experience, the Immigrant Investor Program seems to work in batches like this.

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    John J Downey

    Immigration Attorney
    Answered on

    I really have no answer as to why federal bureaucracies do not seem to follow what we would consider sound business practice.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is most frustrating, but is unfortunately common. While USCIS may have found a new issue, it does not necessarily mean there are problems. Have your attorney notify them of prior approvals and quote the recently published average processing times.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The last I heard, there are over 50 officers doing EB-5 adjudications, some of whom are new and need training. As all people work differently and with varying speed, your petition and those of others may be assigned to someone who takes longer to review and adjudicate. Since the normal processing times posted is 16+ months as tallied last August, you are not too far beyond the normal processing times. I would urge patience.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Timing varies with every case. Simply because applications were mailed at the same time does not necessarily mean that decisions will be rendered at the same time.

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