My friend and I both invested in an EB-5 project offered by the same regional center two years ago. We both hired the same immigration attorney. His I-526 application was approved in less than 12 months, but my case has been pending for more than 24 months. I did not hear anything from USCIS, no RFE or NOID. Why? What factors cause such a difference between the processing time? Should I be worried?
Answers

Fredrick W Voigtmann
Schedule a Free Consultation with Top EB5 Visa AttorneysThere is not necessarily anything to be worried about unless you receive an RFE or NOID. Then you would need to address the specific issues raised by USCIS. As for processing time, USCIS does bundle I-526 petitions for processing by teams of adjudicators, but there could be a number of reasons why two I-526 petitions filed at the same time for the same project might be processed in vastly different timeframes. USCIS is not very transparent with respect to how it allocates resources that might affect processing times, but it could be that the team adjudicating the I-526 petitions of your regional center was pulled off of that project after the I-526 petition of your friend was approved and before yours was adjudicated and assigned to another project. They will get back around to your petition sooner or later. If your case goes beyond the published processing time, however, you or your attorney should make an email inquiry with the IPO to follow up.

Julia Roussinova
Schedule a Free Consultation with Top EB5 Visa AttorneysYour I-526 petition may not have been in the same batch as your friend's petition even if it is the same project. Other factors may include additional time needed for USCIS to run security checks, review individual source of funds, etc. If your case is outside the average posted processing times, then ask your attorney to make a service request with the EB-5 unit.

Ying Lu
Schedule a Free Consultation with Top EB5 Visa AttorneysIf your case has exceeded the normal processing time, you should ask your attorney to make a service request to USCIS.

A Olusanjo Omoniyi
Schedule a Free Consultation with Top EB5 Visa AttorneysThere are several factors that can affect one petition from another. Among them are: investigations by the USCIS of petition vary on issues such as source of funds, country of origin of each petitioner, the caseload at the USCIS also vary, just to name a few. Advisably, check with your attorney and feel free to directly contact the USCIS.

Salvatore Picataggio
Schedule a Free Consultation with Top EB5 Visa AttorneysIt's hard to tell, but changes in staff and case loads may affect it, or new issues with the project. Also, I would guess you have different sources of funds? That may change the timelines. I can only speculate without seeing more.

BoBi Ahn
Schedule a Free Consultation with Top EB5 Visa AttorneysIt could be due to the size of the project (i.e., the number of investor applications), but may be advisable to have your attorney enquire with the USCIS regarding the processing of your case, etc.

Charles Foster
Schedule a Free Consultation with Top EB5 Visa AttorneysIt is very common for similar petitions filed within the same time frame to be adjudicated by USCIS sometimes at significantly different times. It is hard to explain why that may be the case if in fact the cases are comparable unless there is a particular issue regarding the individual, i.e., the source of funds. The answer may be simpler. When petitions are filed on a particular regional center of a particular nature, they are distributed among USCIS adjudicators. Some adjudicators have more petitions to adjudicate at that time, others are caught up, others fall further behind, others may have an illness and the human factor may be a contributing cause for the inconsistent adjudication periods.

Phuong Le
Schedule a Free Consultation with Top EB5 Visa AttorneysProcessing time can be completely arbitrary at times. Without knowing the specifics of your case, two possible complications that can cause delays are complicated source of funds or background checks in your petition.

Belma Demirovic Chinchoy
Schedule a Free Consultation with Top EB5 Visa AttorneysNo reason to worry yet. USCIS processes I-526s in batches; your petition did not make it into the earlier batch.

Marko Issever
EB-5 Broker DealersYou should definitely not be worried as long as there is nothing in your application that you think should make you worried. If you are both coming from the same country or from countries that are not experiencing retrogression, 12 month gap between one approval and the other is not common but nothing to be alarmed about. I just checked in the USCIS website for the current I-526 processing times. It shows estimated time range as 20.5 Months to 26.5 Months. I-526 approval in less than 12 months is very quick and unusual. It does happen occasionally but certainly not common. If there was something seriously wrong with your application you would have probably received an RFE or NOID or a rejection. While nothing is certain when it comes to actions of USCIS and their complicated decision making process, you might just be falling under the normal decision making timeline which has definitely increased over the last few months.

Jinhee Wilde
Schedule a Free Consultation with Top EB5 Visa AttorneysUSCIS has dozens of officers who adjudicate these cases. Some will be fast and some will be slow in their review of cases. Thus, much of the timing of the decision could be based on luck. Since your case is still within the normal processing time for I-526 adjudication, the only thing you could do is wait.

Michael A Harris, Esq
Schedule a Free Consultation with Top EB5 Visa AttorneysIt would be either because of your own personal source and path of funds or a different adjudicating officer. When your processing time is past the estimated timeframe on USCIS.gov, you can ask your lawyer to email the USCIS EB-5 IPO office.
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