USCIS to Toughen EB-5 Standards

Posted July 24, 2019

Effective November 21, 2019, USCIS will implement tougher standards for the EB-5 Immigrant Investor program.  Among the highlights:

  • An increase from $1 million to $1.8 million as the minimum qualifying investment;
  • Eliminating states’ ability to gerrymander high-unemployment areas;
  • Requiring certain derivative family members to independently petition to remove conditions on residence; and
  • Allowing repeat EB-5 petitioners to retain their initial Priority Date.

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1. File I-130 Petition for Alien Relative (with I-130A supplement) with USCIS.  (5 to 8 months)

http://www.uscis.gov

https://www.uscis.gov/i-130

Case processing times: https://egov.uscis.gov/processing-times/

2. Upon approval of I-130 petition, file gets transferred to National Visa Center (NVC). Petitioner (U.S. citizen) submits Civil Documents and Affidavit of Support to NVC; Immigrant Visa applicant (foreign spouse) completes DS-260 Immigrant Visa application online.  (1 to 3 months)

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html

Civil documents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

3. After NVC completes processing, file is sent to U.S. embassy or consulate abroad for foreign spouse’s application and interview for an Immigrant Visa.  (1 to3 months)

U.S. Embassies and consulates worldwide: https://www.usembassy.gov/

Preparing for the interview: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview.html

The medical examination: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/interview-prepare/medical-examination.html

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They say the wheels of justice grind slowly.  This is as true as ever in U.S. immigration.

USCIS has finally published processing time reports for its core benefits applications that match the reality of extraordinarily long delays.  Some jaw-dropping examples:

Applications for Adjustment of Status (I-485, including marriage-based applications) at the San Francisco field office are estimated at 11.5 to 16.5 months; and 9.5 to 14 months at the Sacramento field office.  As recently as summer 2017 these same applications were adjudicated in four to six months

Applications for Naturalization (N-400) at the San Francisco field office are estimated at 11 to 14 months; and 9.5 to 13 months at the Sacramento field office.  Last year we routinely saw naturalizations processed in half that time.

If you think that’s bad: Petitions to Remove Conditional Residence (I-751) reviewed at the California Service are estimated at 17.5 to 19 months!  You read that right.  If you are granted conditional permanent residence for two years in the United States based on marriage to a U.S. citizen, it will then take another one and-a-half years, sometimes longer, to gain final approval for permanent residence.

As many know, a lot can happen both personally and professionally while the well-meaning immigrant awaits extraordinarily slow decisions from the government that affect his or her future.  Prudent immigration practitioners will incorporate practical advice into their legal advice in these circumstances.

Be prudent about your finances.  Keep records and documentary evidence well-organized and for long periods of time.  Keep abreast of information USCIS routinely publishes online.  Always check with your attorney before international travel.  Don’t forget to update your address with USCIS if you move.  Hope for the best, plan for the worst.

And, of course, don’t hold your breath.

FRW

Good news!  U.S. Citizenship and Immigration Services (USCIS) announced today that it will now accept credit card payments for filing most of its forms.

The new payment option is available for forms processed at USCIS Lockbox facilities.  USCIS will enter credit card data into the Pay.gov system, operated by the U.S. Department of the Treasury, and will then destroy the Form G-1450 to protect the credit card information.

 

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