EB5 Visa Investors

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EB5 Green Card/Visa FAQs

What about EB-5 visa usage by major country of chargeability?

FY10 EB-5 Visa Usage by Country of Chargeability

Country of Chargeability    Total EB-5 Visas Issued   % of Visas Issued

China – Mainland Born                      772                              41%
South Korea                                      295                              16%
Great Britain & N. Ireland                  135                              7%
China – Taiwan Born                          94                                5%
India                                                  62                                3%
All Other Countries                            527                              28%

 

 

Please provide current EB-5 Case Processing time

Form Type                               Target Processing Time           Current Processing Time

Form I-526                                          Five Months                            Five Months

Form I-829                                          Five Months                            Six Months

RC Initial Designation Proposal             Four Months                           Five Months

RC Amended Designation Proposal       Four Months                           One Month

 

 

Please provide investor petition and visa statistics for I-526 and I-829 filings so far.

Approximately 90% of the individual Form I-526 petitions filed each year are filed by Alien Investors who are investing in RC affiliated commercial enterprises.


EB-5 Individual Petition Filing Receipts FY05-FY10*

Fiscal Year

Form I-526 Petition

Form I-829 Petition

FY 2010 (preliminary)*

1727

690

FY09

1028

437

FY08

1257

390

FY07

776

194

FY06

486

89

FY05

332

37

*The fiscal year runs from 10/1 to 9/30. FY2010 figures are for the full fiscal year, but not yet finalized by the relevant departments.


EB-5 Visa Usage

Fiscal Year

Total EB-5 Visas Issued

FY10 (Preliminary)

1,886*

FY09

4,218

FY08

1,360

FY07

806

FY06

744

*The USCIS representatives on the call did not know why this number is so much lower than FY09, considering the steadily-growing number of petition approvals. On average, there are 2.5 visas approved per investor.

FY 2009 statistics:

FY 2009

Receipt

Approved

Denied

Form I-526

1028

966

163

Form I-829

437

335

55

 

What are the current processing times for I-526 and I-829 petitions?

Form I-526 and I-829 petitions are within the established processing time target of five months. As the latest information, the estimated processing time for an I-526 petition has been extended from 5 months to 6 months as of the 5/17/2010 publication of USCIS Processing Times for the California Service Center. The I-428 and I-829 petitions still show a processing timeframe of 6 months.

 

It was reported at the AILA EB-5 conference in San Francisco that over 4,100 EB-5 immigrant visa numbers were used last fiscal year. The USCIS has estimated in the past that over 90% of all EB-5 petitions are filed through regional centers.

If so, that means that more than 3,000 EB-5 visas were issued last year for investors investing through regional centers, more than the 3,000 number specified in the EB-5 statute. Please confirm that the USCIS and the State Department have authority to issue more than 3,000 EB-5 visas per year for investors filing through regional centers. Please also confirm that the USCIS has authority to approve more than 3,000 I-526 petitions per year filed through regional centers, and describe how the USCIS interprets the appropriations act "set aside" of 3,000 visas for regional centers in terms of USCIS operations in a fiscal year in which it may receive more than 3,000 regional center-based I-526 petitions and in which the 10,000 limit for the overall EB-5 preference category appears likely to be reached.

USCIS interprets the set aside of visas to ensure that a minimum of 3,000 visas are available for regional center based applicants. We do not see the set aside as limiting the number of visas that can be granted to regional center based applicants.

 

Many USCIS Field Offices refuse to stamp passports of people who have pending I-829s with temporary evidence of permanent resident status with I-551 stamp, on the ground that I-829 receipt notice should suffice for work and travel purposes. However, this view does not take into account the fact that CPB often wants to see temporary stamps. Will you issue a memo to all USCIS Field Offices telling them that all pending I-829 applicants should get their permanent resident stamps in their passports?

USCIS is in the process of updating the language regarding this issue on the Form I-829 receipt notice which will resolve this issue.