Questions & Answers

With the new policy of I-526 processing, will USCIS prioritize cases of petitioners from backlogged countries if their priority dates are current?

I am from India and my EB-5 priority date is in May 2018. Based on the recent visa bulletin, my priority date is current. However, my I-526 is still pending. With the new USCIS policy to prioritize I-526 cases from countries that are not backlogged, I want to know how it would impact my case. Would USCIS process the cases with a current priority date from backlogged countries using the same policy as they will be using for non-backlogged countries?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on May 4, 2020

  The USCIS will still maintain the priority date for each application. From all perspectives, it appears that those countries that are currently experiencing retrogression such as China, Vietnam and India just to name a few may not significantly benefit. Also, be assured that the non-backlogged/non-retrogressed countries will not experience drawback and there is no such thing that retrogressed countries taking over the spots that belong to non-retrogressed countries. Thus, your case as an India national will still take it normal and assigned priority date and as such as a national of a retrogressed country you will not be allowed to jump ahead of any national of a non-retrogressed country.

• Lynne Feldman

  Immigration Attorney

  Answered on February 7, 2020

  I would expect they should work on the oldest cases with a current priority date, but you can send them an email to find out.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 7, 2020

  One can only hope that they will continue to process I-526 petitions that are current from backlogged countries. Let us hope they can sort them based on country of birth so that you will not be unfairly impacted. It is too early to tell.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 7, 2020

  That does not seem to have been clarified at this time, but USCIS is hosting a call on the changes in March, so hopefully, this will be addressed.