EB-5 Stats up to Q3 FY2012
July 26, 2012 6 Comments
USCIS has released EB-5 statistics through the third quarter of FY2012 in advance of the 7/26 EB-5 Stakeholder Engagement teleconference. Please read the linked document for all the details. A few points of interest to me:
- Approval rates for I-526 and I-829 have remained fairly high in FY2012 though slightly below the 2011 average (79% approval percentage for I-526 compared to 81% last year, and 94% for I-924 compared to 96% last year)
- USCIS received 69% fewer I-829 in the first three quarters of 2012 than in the first three quarters of FY2011
- USCIS received (and also processed) 38% more I-526 in Q1-3 2012 than it did in the first three quarters of FY2011
- 60% of the I-924 Regional Center applications and amendments processed in Q1-Q3 2012 were denied
- There are currently 209 approved Regional Centers, up from 174 in FY11, 114 in FY10, 72 in FY09, 25 in FY08, and 11 in FY07.
EB-5 Updates 
Ever since the adjudication of Regional Center proposals was reworked and improved (starting around 5 1/2 to 6 years ago or so) there has been a corresponding increase in better prepared I-526s that get approved and which later shows up in a greater proportion of I-829 cases in which conditions are being lifted. Please think about the timeframes between steps in the process when you attempt to draw inferences from the statistics.
Is there an inference in the post that ought to be modified? I wonder about the 2011 spike in I-829 receipts, which ought to but doesn’t clearly correlate with the timing/volume of I-526 approvals.
The “two-year period” is not set in stone instead it is very fluid and dynamic. For example, an alien may get I-526 approval in 2010 but then they must apply with DOS and wait for Consular Processing to conclude and then get they get another 6 months after that to touch base in the U.S. to activate their status. Some folks may delay for the sake of letting the kids finish out their school year before travelling to the U.S. So the I-526 approved in 2010 might not transform into a conditional status until 2013 or even 2014. Only then will the clock start ticking on I-829 submission. The actual approval (lifting of conditions) may be dragged out even further IF there is an RFE (or multiple RFEs).
I think people are aware that CPR period commences upon acquiring CPR status, i.e., upon admission into the US with an issued IV. Now, one interesting question is whether CPR status really gets terminated upon USCIS’ notice of denial of I-829. USCIS says CPR status is “terminated”, but if one examines the statute and their own regulation, a good argument can be made that CPR status is not terminated upon I-829 denial. Several people suggested to USCIS to change their language in the I-829 or I-751 denial notice, but USCIS does not like to change. I am open to any reasonable arguments.
What is recent experience with I-485 approval times. The times shown on the UCSIS database would lead one to believe about 18 months, but other sources indicate less 4 months. My application is 4.5 months and waiting
Just looking at the first page of EB-5 statistics for the July Stakeholder Conference, it might be worthwhile mentioning that it shows an amazing backlog. 2,905 I-526 applications have yet to be adjudicated and 1,382 I-829 applications, which is approx. 40% of all I-829s ever submitted. Only in 2009 did I-526 approvals begin to dent the backlog. We hope any improvements to the system are implemented as soon as possible.