USCIS Alert on I-526 processing
April 11, 2022 10 Comments
The USCIS Form I-526 page was updated today April 11 (and the main EB-5 page on April 12) with this message.
We have resumed processing regional center-based Form I-526, Immigrant Petition by Alien Entrepreneur, filed on or before the sunset of the previous regional center program on June 30, 2021. We will adjudicate all Form I-526 petitions filed before March 15, 2022, according to the applicable eligibility requirements at the time such petitions were filed (that is, the eligibility requirements in place before the enactment of the EB-5 Reform and Integrity Act of 2022, Div. BB of the Consolidated Appropriations Act, 2022 (Pub. L. No. 117-103) (Sec. 101 and 102). We will continue to process Form I-526 petitions under the visa availability approach, prioritizing those Form I-526 petitions for investors with an available visa or a visa that will be available soon. We will continue to reject all Form I-526 petition received on or after July 1, 2021, when it indicates that the petitioner’s investment is associated with a regional center.
I’m glad to see that USCIS does not intend to hold pending regional center petitions in abeyance pending regional center recertification. I have noted a recent uptick in I-526 processing, with around 10 actions and at least two or three completions most working days this month. That’s a great improvement over last month (but still far from the volumes needed to process over 13,000 pending I-526 petitions in a timely manner).
EB-5 Updates 
Does this mean NVC will start now as well?
May I ask that my priority date is Nov 18, 2019 form-526 petition and my birthplace is Hong Kong, roughly how long do I need to wait for the adjudication?
Should I also file concurrent I-485? I have been in the US for 9 months with F1 visa.
Thank you.
What about NVC?
I applied using Direct EB-5 in Nov 2021. Just recieved an RFE for my I-526 yesterday (4/11). Is it common for all Direct eb-5 investors to receive an RFE? Could you confirm dear Suzanne?
Nearly 100% of direct EB-5 investors receive an RFE on the I-526. Even if USCIS can’t find anything to question in the file, they will still ask for an update about what’s happened since the filing (e.g. all bank statements, tax filings, and payroll since the filing).
What your RFE is about. Is it about source of fund or project.
Was your I-526 an expedite approved? Or was it regular?
Hi Suzanne, now that USCIS has announced it has resumed processing I-526 petitions, how long will it take for NVC to open and start processing approved I-526’s?
My petition is Direct Eb5 (India) however NVC Sent an email saying that The Preference Category for this case is an I5 (Regional Center) and they can not process the petition for Visa. NVC is asking to direct this inquiry to USCIS as its USCIS Error. Is it common for USCIS to make such error.
How can I handle it.
It’s the first time I’ve heard about this particular error, but it doesn’t surprise me. Your lawyer can advise about how to follow up with USCIS.