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How could the executive order improve I-526 processing?

Could the executive order on immigration improve the processing time of I-526 petitions as there are fewer cases to be adjudicated by USCIS?

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    C Matthew Schulz

    Immigration Attorney
    Answered on

    No. If, by Executive Order, you mean the Presidential Proclamation of June 22, 2020, then it is helpful to understand that order instructs consular officers at US embassies and consulates not to issue certain visa categories until after Dec. 31, 2020, with some exceptions. That proclamation did not order consular officers to cease issuing EB-5 immigrant visas after the I-526 is granted and the quota is current. That Proclamation also did not restrict any processing by the USCIS, whether EB5 petitions or any other action by the USCIS. That proclamation did give DHS, DOL and DOS the responsibility to report back to the President with additional suggestions with the stated goal to promote jobs for US workers and the American economy, as well as recovery from the pandemic. For now, at least, there is nothing to suggest I-526 processing times will benefit in any way.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The executive order only affects US consulate/embassy processing. With I-526 petitions processed by the USCIS Immigrant Investor Program Office, they are not affected by the Order. My hope is that the fewer cases being filed can result in some of the backlog getting worked through.

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    Steven D Heller

    Immigration Attorney
    Answered on

    The short answer is: It could not. Nothing in any of Trump''s executive orders will help with processing I-526 petitions.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    While it is true that there are fewer applications and petitions being filed at USCIS, it is also true that USCIS as a whole has not properly managed its financial resources and has irresponsibly and inefficiently wasted a budget surplus from more than two years ago on programs that neither increase the integrity of the immigration process, nor improve national security. Since the Investor Program Office only processes EB-5 related petitions/applications (I-526, I-829, and I-924), a drop in USCIS receipts of other petition/application types may not directly or immediately affect EB-5 case processing times. It may take an extended time of decreased new EB-5 filings for processing times to come down. Keep in mind that as budget strains and lower filings persist into the latter part of the year, USCIS is likely to furlough employees or reduce the labor force, so the overall effect on processing time might be minimal or even get worse.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I doubt it because IPO is a specialized unit that only does EB-5 cases.