Enterline & Partners Consulting | info@enterlinepartners.com

USCIS to Change its Processing Policy for I-526, Immigrant Petition by Alien Investor EB-5 Petitions

U.S. Citizenship and Immigration Services (“USCIS”) announced it is changing the way it will process Form I-526, Immigrant Petition by Alien Investor, moving from a first-in, first-out basis to a visa availability approach. The Form I-526 Petition is filed by someone wanting to immigrate to the U.S. via the EB-5 immigrant investor visa category.

“Changing our approach from a first-in, first-out adjudication process to one that prioritizes petitions connected to individuals from countries where visas are currently available better aligns the EB-5 program with congressional intent and makes it more consistent with other USCIS operations,” said USCIS Deputy Director Mark Koumans. “This new approach increases fairness, allowing qualified EB-5 petitioners from traditionally underrepresented countries to have their petitions approved in a more timely fashion to receive consideration for a visa.”

According to USCIS, this operational change is consistent with the agency’s processing of Form I-130, Petition for Alien Relative, in visa cap-subject categories. The new visa availability approach gives priority to petitions where visas are immediately available, or soon available. Applicants from countries where visas are immediately available will now be better able to use their annual per-country allocation of EB-5 visas.

The new approach will apply to petitions pending as of the effective date of the change. USCIS will implement the visa availability approach on March 31, 2020.

 

If you have questions about this policy change or the EB-5 visa category, contact us at:

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

What Is A Form I-94? Understanding the U.S. Arrival/ Departure Records

Following arrival in the United States, visitors (i.e. nonimmigrant visa holders, those from visa-free countries) are issued a Form I-94 which determines allocated length of stay. The Form I-94 used to be a paper form attached to the visitor’s passport. Now it is saved electronically on the Customs and Border Protection (“CBP”) website.  Unfortunately, many visitors overlook the Form I-94 which actually controls how long they can remain in the country. The Form I-94 is the official record that proves a visitor entered the U.S. lawfully at a Port-of-Entry (“POE”).  It also shows  exactly how long the visitor is allowed to remain.  This guide explains what the Form I-94 is, why it matters, how to access it, and what to do if something is wrong. Why is a Form I-94 Important? The Form I-94 does more than confirm your entry into the United States. A visitor will need it for

Read more >

Age Determination For Children Of Alien Investors

Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) was amended by the EB-5 Reform and Integrity Act of 2022 (“RIA”) to clarify how in some instances the age of children of investors is determined during participation in the EB-5 program. Under the RIA and the amendment to Section 203(h)(5), an investor’s “child” who has reached 21 years of age and was admitted as a Conditional Permanent Resident as the child of an investor lawfully admitted for permanent residence under subsection (b)(5) will continue to be considered a child of the principal petitioner. Most importantly, this continued classification as a “child” is maintained for any subsequent EB-5 Form I-526 Petition, provided specific conditions are met. It may be interesting to note that under U.S. immigration laws, a “child” is defined as any offspring of a parent that is under 21 years old.  Once a “child” turns 21, then

Read more >

Enterline and Partners Welcomes Ethan Phuc Le as Business Development Manager

Enterline and Partners (“EAP”) excited to announce that Ethan Phuc Le has joined the firm as Business Development Manager. Enterline and Partners is an American-owned immigration and investment consulting firm with offices in Ho Chi Minh City, Vietnam, and Manila, Philippines. Founded and managed by licensed U.S. immigration attorneys, the firm was established to address the growing need for Vietnamese and Filipino individuals and families to access competent, experienced American immigration counsel locally in Asia. Ethan Phuc Le is a Vietnam-based business development and investor relations professional with experience in the Vietnamese investment sector since 2013 and more than eight years of hands-on involvement in the U.S. immigration field, particularly the EB-5 program. He spent ten years studying and living in the United States and earned his Bachelor of Arts in Finance from Western Washington University in Washington State. Throughout his career, Ethan has worked closely with U.S. immigration attorneys, Regional Center project sponsors,

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo