USCIS Announces Updated EB-5 Visa Processing Rules

The United States Citizenship and Immigration Services (USCIS) has issued updates for the EB-5 Visa application process, a well-known immigrant investor program. The EB-5 Immigrant Investor Program allows foreign investors to obtain permanent U.S. residency by investing in an American enterprise that creates or preserves at least 10 full-time jobs for U.S. workers.

To qualify, investors must follow a step-by-step application protocol. Initially, they are required to submit USCIS Forms I-526, DS-260 or I-485, and Form I-829. Each of these forms represents a distinct phase in the EB5 application journey, ensuring thorough documentation of the applicant’s investment details and intentions.

Of special note is the USCIS Form I-526E, tailored for investors participating in the Regional Center Program. This specific form is utilized when an investor merges their investment with one or more eligible immigrants under section 203(b)(5) of the Immigration and Nationality Act (INA).

However, starting from September 1, 2022, the USCIS has made clear that a combined fee payment for Forms I-526 or I-526E, along with other forms, will not be accepted. Such submissions will face rejection due to improper fee payment, and the fees will be returned to the applicant. Moreover, USCIS will deny all Forms I-526 if it determines that the investment is linked to a regional center. In such instances, petitions should be made specifically through Form I-526E, ensuring alignment with INA 203(b)(5)(E) classification.

Applicants are advised to stay updated with these changes and ensure they follow the new guidelines to guarantee a smooth application process.

*Source: EB5 Insights