The new methodology that USCIS will be using to process I-526 applications is fantastic news for citizens of most countries as it means that their I-526 applications will be given first priority. This will greatly reduce the waiting time for investors from non-retrogressed countries to receive the I-526 approval and the conditional green card. 

Whereas in the past USCIS had processed I-526 applications based on a “first in, first out” methodology”, then new methodology will prioritize I-526 applications from non retrogressed countries. Currently, the only retrogressed countries for EB-5 are China, Vietnam, and India. Citizens from every other country, including Taiwan, Hong Kong, and Macao, will be given first priority. While this is not good news for citizens of China, Vietnam, and India, it is also not bad news. This new processing methodology doesn’t really do anything to change how quickly citizens from those countries are able to obtain their conditional green cards. The issuance of the green card for retrogressed countries is ultimately dependent on whether or not the applicant’s priority date (the date upon which the I-526 was submitted), is current. Applicants can check the month US Department of State visa bulletin HERE to see whether or not their priority date is current.

If you are a citizen of India, for example, and you filed your I-526 in July 2019, you would need to wait until the published priority date for India for the EB-5 visa category moved past July 2019. As of Feb 2020, the published priority date for India is Sept 1, 2018. So even if the I-526 was approved in this example, the applicant from India would still not be able to obtain the conditional green card. Thus, the effect of this policy change on Indian, Chinese, and Vietnamese nationals is negligible. In many cases, it may actually be beneficial for applicants from retrogressed countries who have children that are in danger of aging out because the child’s age is frozen during the I-526 application stage.

Please contact our team to learn more about how this policy change may help your EB-5 application.

Refer here for the announcement posted on the USCIS website: https://www.uscis.gov/news/news-releases/uscis-adjusts-process-managing-eb-5-visa-petition-inventory