Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

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

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

What is a Joint Sponsor for a Form I-864 Affidavit of Support?

A Joint Sponsor for Form I-864, Affidavit of Support, is an individual who agrees to share the financial responsibility for sponsoring an immigrant when the primary sponsor (the Petitioner) does not meet the minimum income requirements. The joint sponsor must meet certain eligibility criteria and file their own Form I-864 in addition to the primary sponsor’s form. What is the Eligibility Criteria for a Joint Sponsor? No Obligation to Be Related: Unlike the primary sponsor, the joint sponsor does not need to be related to the immigrant. What are the Responsibilities of a Joint Sponsor? When signing Form I-864, the joint sponsor agrees to: What Are the Filing Process for a Joint Sponsor? Multiple joint sponsors may be involved if needed. Each joint sponsor however must independently meet the income requirements for their own household size and file their own I-864. For more information, please contact us at info@enterlinepartners.com. ENTERLINE

Read more >

President-Elect Trump’s Mass Deportation Begins to Take Hold

During the 2024 campaign,  former president and candidate Donald J. Trump promised mass deportation for millions on undocumented migrants in the United States. It appears that the campaign pledges are beginning to take hold. Last week, President-elect Trump named Thomas Homan as the “Border Tsar.” Homan, a former police officer and immigration official who previously served during the Obama administration and the first Trump administration as Immigration and Customs Enforcement Director has made it clear that mass deportation will be effectively carried out. “We have a mandate. I think the American people just gave President Trump a mandate. That’s why he’s elected – to secure the border, save lives, and deport people, especially national security threats and public safety threats,” said Homan. Homan commented that the immediate focus will be those in the country illegally with criminal convictions or charges. “It’s not going to be a massive sweep of neighborhoods.

Read more >

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain undocumented immigrants to obtain lawful permanent residents who are spouses and stepchildren of U.S. citizens, “exceeded its statutory authority and is not in accordance with the law.”  Judge Barker further added that the program “focuses on the wrong thing, in identifying ‘significant public benefits’- the benefits of aliens’ new legal status – rather than their presence in the country.”  At the time of publishing this article, it is unclear whether the Biden Administration will appeal Judge Barker’s ruling.  For more information on this ruling, please contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7

Read more >