Why might I-526 petitions in a particular EB-5 project be pending for a long time?

It can be many things but, generally, there are just so many I-526 petitions pending, processing times will continue to rise.

The delay in adjudication of petitions depends on a number of factors. It may be partly due to investigations by the United States Citizenship and Immigration Services (USCIS) that may be related to either the regional center or the petitions themselves. Advisably, seek verification with the USCIS.

According to the USCIS representatives, EB-5 applications are adjudicated by the EB-5 unit on a first-in, first-processed basis. Sometimes, however, if they are getting several petitions from the same project, they wait to lump them in and have them adjudicated by the same officer/same time.

There are a variety of reasons why a particular EB-5 investor petition on Form I-526 would be pending months beyond the current published USCIS processing times. It may not be possible to know what the problem is unless and until a Request for Evidence is issued. It could possibly be an issue with the source of funds, although it is conceivable that the I-526 petition went astray. You should follow up through your attorney to make inquiry as to the status of the I-526 petition.

It is hard to say, but you should know that USCIS processing time estimates have continued to grow longer than before. It is for this reason why it would be a smart idea for an investor to invest with an EB-5 project that has been given approved "exemplar" status by USCIS. A project can seek to be "pre-approved" by USCIS by the filing of an I-924 application for exemplar approval. If the I-924 application is approved and specifically names the project you are investing in, then USCIS can give "deference" to the project approval, provided there are no "material changes" to the project since the time of the I-924 approval or the filing of your I-526 petition.

These times are average times and many are approved quickly, so being past the published time is, sadly, very normal. Generally they adjudicate by project, so if the project has approvals, then it can be an issue, but there really is no first-in, first-out policy - so if it is 6-8 months past due, that is common.

Could be any of the above. Inquire with the Customer Service number and check with the EB-5 project to see if they are having delays on other of their cases, how many approvals do they have, etc.

The backlog on processing is a real problem, which USCIS has acknowledged. If your application is more than a couple of months behind on processing, you may wish to contact your immigration attorney to file a mandamus action in court to make USCIS process the application. All of this assumes that your paperwork has actually been submitted.

As USCIS receives thousands of petitions each year and there are many different adjudication officials working at different speeds, the delay in your case beyond the normal processing time may not have anything to do with any particular regional center. Having said the above, your attorney should be inquiring on the delay with USCIS. Sometimes, they could misplace petitions and such inquiry may help to locate the file and bring it to someone''s attention.