Questions and Answers > EB-5 Direct Investments

How long will an I-526 approval take after RFE for my EB-5 petition?

I filed my " Direct Eb-5" (not regional center) in Nov 2019. Then I received an RFE in July 2021. I responded to the RFE but it has already been 95 days and still no result on my RFE response. When can i expect my RFE response result? What are the chances of approval of my i526 if the RFE is related to business plan? What are the chances of my H1b Visa if my I526 is still pending?

Answers

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 8, 2022

  Contact USCIS regarding the RFE; generally, USCIS responds within 60 days after RFE submission. I-526 and H-1B are unrelated.

• Julia Roussinova

  Immigration Attorney

  Answered on March 2, 2022

  Your H-1B should not be affected if you are otherwise eligible. No one will tell you what the chances of approval are without reviewing your I-526 petition, business plan, and RFE response. If the response was prepared adequately and satisfactorily, then your case should be approved. Your attorney should be able to initiate a status request.

• Raymond Lahoud

  Immigration Attorney

  Answered on February 28, 2022

  Processing times for responses to requests for evidence average 60 days. Nonetheless, USCIS is not mandated to respond within a specific time.

• Lynne Feldman

  Immigration Attorney

  Answered on February 28, 2022

  I would feel free to follow up with USCIS on the status of the I-526 after this length of time - they indicate follow-up allowed after 60 days. The H-1B will not have an effect on the green card or vice versa as the H-1B is a dual intent classification.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 25, 2022

  Sometimes the RFE itself gives a timeline (60 or 120 days or something). If it does, use that timeline. If not, even 120 days may be enough to make an inquiry.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 25, 2022

  An H-1B is completely different and is a job based application if you have a legitimate offer and a legitimate employer-employee relationship. An RFE can be answered in 3-6 months or as long as they want to take. Very few I-526 decisions appear to be coming out of the IPO, and only I-829s appear to be adjudicated although there are reports of a few approvals being issued on direct cases.

• Stephen Berman

  Immigration Attorney

  Answered on February 24, 2022

  There is no way to know.