The data provided on the United States Citizenship and Immigration Services (USCIS) website on the “Check Case Processing Times” page signifies the estimated current processing times for various EB-5 petitions, including the I-526 petition and the I-829 petition. Though many factors influence the amount of time it takes USCIS to process and adjudicate any given petition, such as the volume of applications they receive, the number of staff they have, policy and operational changes, how long petitioners take to respond to requests for more information, and many other factors, listed processing times refer to the amount of time USCIS has taken to process 80% of petitions.
According to the “More Info” subsection on the USCIS website, processing time is calculated as the number of days or months that have passed between the time USICS received an EB-5 investor’s petition and the time USICS has taken to finish adjudicating the EB-5 investor’s petition and issue a notice of receipt. USCIS updates the processing times on their website every month with the most recent available figures to help EB-5 investors estimate how long any given petition will take to be processed and adjudicated.
For EB-5 investors who wish to enquire after the status of their case, instructions on how to do so can be found in the “More Info” subsection on USCIS’s website. Essentially, the EB-5 investor must go to the “Check Case Processing Times” page and access the tool provided, which will determine whether the EB-5 investor can ask for an update on their case. They will be asked to enter their receipt date, which can be found on their receipt note, Form I-797, issued by USICS after the EB-5 investor has filed their petition. If the EB-5 investor’s case is outside normal processing times, they will be given a link for submitting an inquiry. If their case is within normal processing times, they will be given an approximate date for when they are permitted to contact USICS. EB-5 investors should check back regularly, as processing times can change.
