EB-5 Adjudication Process

EB-5 Adjudication Process: Explained

On January 29, 2020, USCIS announced an operation change to its petition-adjudication process.

Formerly, the agency processed I-526 petitions on a first-in, first-out (FIFO) basis. After the change, USCIS now processes applications prioritizing petitions from investors for whom a visa is either available or will soon be available, based on the Visa Bulletin.

Once an I-526 or I-526E petition is selected to be adjudicated, the process begins with an initial review of the application. USCIS may make a Request For Evidence (RFE) from the petitioner. If the petitioner is not living in the U.S. they may be asked to attend an interview with the U.S. embassy or consulate in the applicant’s country. The interview is to ensure that the petitioners are not subject to any grounds of inadmissibility.

Following an approved I-526 or I-526E petition and a successful consular interview, the petitioner will be granted two years of conditional permanent residency. To remove conditions on the residency, the petitioner must submit an I-829 petition three months before the second-year anniversary of conditional permanent residency. USCIS will adjudicate the I-829 petition and reserves the right to interview any petitioners before making a decision.

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