Webinar: USCIS Cancels Postmark Rule, Makes Unannounced Changes to EB-5 Forms

In March 2025, USCIS made important changes to EB-5 filing procedures. USCIS canceled the “postmark” rule and made unannounced changes to two forms used by EB-5 investors.

If you are planning to submit your EB-5 petitions, these changes could affect your filings—and your overall immigration timeline. From now on, EB-5 investors and attorneys are advised to stay up to date with the most recent version of each USCIS petition before submitting it.

Our recent webinar discussing these developments features Anahita George, Esq., one of the leading immigration attorneys in the EB-5 space.

A partner at the law firm George & Marzialo, Ms. George has filed nearly 3,000 EB-5 petitions with a 100% USCIS approval rate. She has applied her expertise in tax and finance as an auditor at PricewaterhouseCoopers and KPMG, where she audited Fortune 500 companies such as Walmart and the Walt Disney Company.

The webinar explains these new guidelines from USCIS and how they affect EB-5 investors. These changes matter for anyone filing an EB-5 application, especially during this period when updates to EB-5 policies are happening quickly.

To avoid unforeseen delays to your EB-5 petitions, we invite you to watch the full or highlight versions of the webinar—or continue reading our summary below.

Full Webinar

Webinar Highlights

Cancellation of the Postmark Rule and Impact on EB-5 Filings

What Was the Postmark Rule?

In 2023, USCIS issued new guidance for petitioners known as the postmark rule. Under this policy, the date printed on your shipping label was used as the official priority date for the form. For example, if you printed a shipping label on March 5th and sent your I-526E package via FedEx (with a cutoff time of 3:00 PM), the printed date, March 5th, would be the one used by USCIS. This allowed applicants to use an older version of a form if the form had changed while the application was in transit. The idea was to give some extra time in case there was a change in the form version while the package was still on its way.

However, the postmark rule was taken down by USCIS on March 3, 2025. There is no clear notice or explanation about its removal. Because of this, if you send an application today and it reaches USCIS two days later, and the form version changes while it is in transit, there is uncertainty about whether the older version will be accepted. This change is especially important for EB-5 investors who are in the middle of filing or plan to file in the next 30 to 60 days.

How This Might Affect Your EB-5 Petitions

When your application package is sent to USCIS, the agency takes about two to three weeks to scan the entire file into their system. Once the file is scanned, USCIS decides whether to process it or reject it. EB-5 filings may be rejected for a few reasons:

• Incorrect Payee Information: Sometimes clients write checks payable to “USCIS” instead of “U.S. Department of Home and Security.”
• Wrong Payment Amount: There are cases where the check does not match the required amounts (for example, writing a $13,000 check when the correct amount is $11,160 plus a $1,000 check).
• Outdated Form Versions: If you send in an old version of a form after USCIS has updated it, your file may be sent back.

If a file is rejected because of an outdated form, the packet is returned through USPS. This process can take an additional three weeks. Overall, you could lose six to eight weeks while the file is being processed, rejected, and returned. In cases like these, you also have to deal with new copies of important documents like medical reports, photographs, and checks. For EB-5 investors, whose files average 3,000 to 4,000 pages, reprinting and resending everything is a significant challenge.

Now, if your EB-5 petition is updated before it reaches USCIS, you may have to refile the entire package.

These changes bring several concerns for EB-5 investors. When an application is submitted, it is important that every piece of the package is correct. Even one outdated form can delay the entire process. In a scenario where some forms are up to date while others are not, USCIS may process the correct parts and reject the outdated parts. For example, if the petition form (Form I-526E) is correct but another form such as the work permit (Form I-765) is outdated, USCIS will reject the outdated form. This rejection means you lose six to eight weeks while waiting for a complete resubmission.

In addition, if there is a change in the Visa Bulletin that causes retrogression in a category, the ability to file concurrently may be lost.

Both China and India are in visa retrogression, with many industry analysts expecting an additional backlog for the set-aside urban category.

This loss can be especially harmful for investors with children or those who have lost their jobs. Filing concurrently gives an investor important protections, such as age-lock protection and a safeguard against the 60-day clock that starts after a layoff. Without these protections, an investor may face serious setbacks.

Checking Versions Before Filing

Given the rapid updates, it is crucial for both investors and attorneys to check the versions of all Eb-5 forms before shipping any files. The best practice is to check the USCIS website every morning before sending files and again the day after shipping. At the moment, there is no clear guidance on how USCIS will handle files that are in transit when the form version changes. Keeping track of these updates is the best way to avoid surprises and delays.

How to Tell if Your EB-5 Submission Has a Problem

Once you submit your application, you must wait for the file to be processed and scanned into the USCIS system. This process takes about two to three weeks. However, there are steps you can take to check if your application has been accepted or if there is a problem:

• Check Your Bank Account: If you used a personal check and it has not been cashed by week three, it is likely there is a problem with your file.
• Call USCIS: If your check is not cashed, call USCIS with your alien number, full name, and date of birth. Ask if there is a rejection notice on file.
• Avoid Cashier’s Checks: Personal checks are preferred over cashier’s checks because it is easier to track when they are cashed.
• Do Not Use Credit Card Authorizations: Credit card authorizations may be flagged as fraud by the credit card company. If the charge is denied as fraud, the petition will be returned.
• Use Text Notifications: Filing Form G-1145 will give you a text message notification when your application is accepted. This notification will include the receipt number before the physical receipt arrives.

These steps help ensure that you know quickly if there is an issue with your application. Once you see that the check is cashed or receive a text notification, you can be sure that USCIS has accepted your file. If not, prompt action is needed to resubmit the correct forms.

USCIS Updates to EB-5 Forms

Updates to Form I-485

A major change occurred with Form I-485, the petition to adjust one’s immigration status, on March 3, 2025. On that day, the USCIS website showed an update to the form. The change was unexpected and caused concern because USCIS rarely makes sudden changes to form versions. The only visible change was that one question, which previously had an option for “gender unknown,” was removed. Additionally, the date added at the bottom of the form was changed.

This update left many in the community uncertain about the status of applications that were already in transit. For example, files that were shipped on February 28 or 29 might have a postmark showing an earlier date. In the past, the postmark rule would have allowed these applications to be accepted even if the form had been updated while they were in transit. However, with the postmark rule now in question, there is uncertainty about whether USCIS will accept these files.

Updates to Form I-131 and Anticipated Changes

The update did not stop with Form I-485. Form I-131, which is used for travel documents, was updated the day after Form I-485. With these back-to-back updates, it is clear that USCIS is making changes quickly. In light of this, if you are filing your application, you must check both the I-485 and I-131 forms for the correct version before sending your file.

There is also a discussion among immigration professionals and groups like the American Immigration Lawyers Association (AIIA). They are trying to work with USCIS to either extend a grace period or to keep using the postmark rule. For now, there is no clear answer, and investors must keep a close watch on these changes.

Consequences of a Partial USCIS Approval

There is a scenario where USCIS may accept some forms while rejecting others. For instance, if your Form I-485 is accepted but the Form I-131 is rejected, you may receive an adjustment of status without the travel documents. In this case, you will need to refile Form I-131 on its own. To do this successfully, you must have the receipt numbers from both Form I-526E (the EB-5 petition) and Form I-485 (the adjustment of status application). Without the I-485 receipt number, USCIS cannot tie the travel application to your concurrent filing.

This delay means that you have to wait for the receipt number to be issued before you can resubmit the I-131. The text message notification from Form G-1145 is useful here because it provides the receipt number quickly. Any delay in this process adds more time to your application and can impact your overall immigration timeline.

Best Practices for Filing EB-5 Applications

The recent changes make it clear that all parties involved in EB-5 applications must be extra careful. Here are some practices recommended for investors and their attorneys:

• Check Form Versions Daily: Every morning, review the USCIS website to ensure that the forms you are using match the current versions.
• Monitor After Shipping: After sending out your file, check the USCIS website the following day to confirm that no changes have been made that could affect your application.
• Use Overnight Shipping: Given the recent updates, using overnight shipping with a carrier like FedEx that offers guaranteed delivery times is a good idea.
• Prepare Extra Copies: If you are in a rush or have special timing concerns (such as a child aging out), have two sets of every document. This means two copies of sealed medical reports, two sets of photographs, and two sets of checks.
• Keep Track of Checks: Use personal checks instead of cashier’s checks or credit card authorizations. Personal checks allow you to track when USCIS cashes the check. If the check has not been cashed by week three, call USCIS for an update.
• Use Form G-1145 for Notifications: Including this form in your packet ensures you receive a text message as soon as your file is accepted. This can help you get the receipt number quickly.
• Make Regular Calls to USCIS: If you do not see your check cashed or receive any notification by week three, call USCIS with your details to check if there is a rejection notice on file.
• Have a Plan for Refiling: Be prepared to refile any part of your application if a form is rejected. Understand that if any form is returned due to an outdated version, you could lose up to eight weeks of processing time. This delay might also impact your ability to retain your priority date.