Could the new EB-5 rules lead to a shorter processing time for previously filed I-526 petitions?
The new EB-5 regulations do not provide for any expedited processing of petitions or applications. However, a proposed new law does provide for expedited processing of an EB-5 petition within 120 days.
That would be nice, but even over the last year(s), fewer I-526 cases have been filed and still, the processing times have gone up. If there is to be a decrease in processing times, I do not see it as a result of the new rules directly, but a correction over time due to fewer cases being filed.
There should not be any impact on the processing time of pending I-526s.
In theory, fewer petitions should lead to shorter processing times, but logic does not always govern USCIS processing patterns.
It all depends on whether the volume will decrease because of the higher investment amounts. Also, many regional centers will no longer qualify.
The impacts of the new rules on the pending petitions remain unpredictable. In fact, in anticipation of the new rules, a lot of petitions have been rushed in to beat the deadline. Actually, the USCIS will now have more petitions to deal with rather than lesser as a result of the new rules.
We are hopeful that the drastic decline in filings results is faster adjudications. The fact is, however, that we have not seen any applications in any branch get faster.
