IIUSA Data Report: Form I-526 Statistics for Q3 Fiscal Year 2021

USCIS published quarterly statistics for all application and petition form types for the third quarter (Q3) in fiscal year (FY) 2021, including the latest data between April 1st and June 30th for Form I-526, Form I-829, Form I-924, and Form I-924A.

The statistics are important to gauge the demands for EB-5 and evaluate the backlog of I-526 petitions when the Regional Center Program was facing a sunset date at the end of Q3 FY2021. In addition, the data also shed some light on the impact of the U.S. District Court for the Northern California’s ruling to vacate the new EB-5 regulations on the filing of I-526 cases.

IIUSA produced a new data report (members-only) to inform our stakeholders of the latest demands for EB-5, the I-526 case processing trends, the average approval rates and the current I-526 case backlog.

(Form I-526 Statistics by Fiscal Year)


Form I-526 Filings:

  • With 169 I-526 petitions filed during Q3 FY2021, a total of 358 EB-5 investors filed their I-526 petition during the first three quarters of fiscal year (FY) 2021 (October 1, 2020 – June 30, 2021), down by 92% from the same time period in FY2020.
  • However, this number could be under-reported because, according to USCIS Office of Policy and Strategy, the agency received 445 I-526 petitions in June alone.

Form I-526 Adjudications:

  • 727 I-526 cases were processed in Q3 FY2021, a 21% decline comparing to the same time period one year ago. 

  • USCIS’ productivity in processing I-526 cases continued to decline in FY2021.

Form I-526 Approval Rate:

  • The average approval rate of I-526 petitions declined by 4% from Q2 to 81% in Q3 FY2021.
  • Overall, the 24-month average I-526 approval rate was 78% while the 36-month average was 81%.

Form I-526 Backlog: 

  • A total of 12,798 I-526 cases were still pending at USCIS when the EB-5 Regional Center Program expired on July 1st, 2021. 
  • USCIS stated in its latest guidance that the agency is not processing any regional center affiliated I-526 cases during the lapse of the EB-5 Regional Center Program. That is, the vast majority of these 12,798 I-526 petitions would not be processed until Congress reauthorize the Program. 


Key I-526 statistics and data trends, all at your fingertips

It’s our pleasure to introduce you the new interactive I-526 Data Dashboard available on IIUSA’s website: https://iiusa.org/i526data/

This new online tool features historical trends of the demand for the EB-5 Program and the most up-to-date statistics on Form I-526 petitions, including:

  • Estimated amount of EB-5 investment inflows to the U.S. economy;
  • Number of I-526 petitions filed by EB-5 investors;
  • USCIS’s productivity in processing I-526 cases;
  • Average approval rates for I-526 petitions; and
  • The latest news and analyses regarding USCIS adjudication trends;

Add this new interactive I-526 Data Dashboard to your bookmark and stay up-to-date with the key statistics most relevant to EB-5 investors.



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