IIUSA Data Report: Form I-526E, Form I-526 (Direct) and Form I-526 (Legacy) Statistics for Q2 Fiscal Year 2023

On July 19, 2023, USCIS released their quarterly data for Q2 FY2023 and made a significant update on EB-5 statistics reporting. Notably, this update marked the first time USCIS provided detailed insights into three categories of Form I-526 petitions: the “legacy I-526” filed prior to the EB-5 Reform and Integrity Act, the new Form I-526 for direct EB-5 investment (“direct I-526”), and the new Form I-526E for Regional Center EB-5 investment.



(From the Data Report: EB-5 Investment Inflows by Fiscal Year)



EB-5 Investment Inflows:

  • Based on our estimations, at least $834 million has been generated through the EB-5 Program in the first half of FY2023 alone.

  • Since the inception of RIA, we estimate that over $974 million in capital investment has been raised through the EB-5 Program.

Case Filing:

  • USCIS received a total of 1,042 I-526 petitions in the first two quarters of FY2023, including 965 I-526E petitions and 77 I-526 (direct) petitions.

Case Processing:

  • In the first half of FY2023 alone, USCIS processed 1,304 I-526 cases, an 8% increase from the total I-526 adjudications in FY2022.

  • According to USCIS, all the I-526 cases adjudicated in Q1 and Q2 FY2023 were filed before the implementation of RIA.

Case Approval Rate:

  • In recent months, the average approval rate of I-526 cases has seen a significant decline, plummeting to approximately 50% since FY2022. This marks the lowest approval level in the 32-year history of the EB-5 Program.

Case Backlog: 

  • As of March 31, 2023, a total of 12,819 I-526 cases were still pending at USCIS, including 11,602 I-526 legacy cases, 90 I-526 (direct) petitions, and 1,127 I-526E cases.


For more in-depth data analyses, download the full report here (Members Only)




Key I-526 statistics and data trends, all at your fingertips: 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-526E, Form I-526 (direct) and Form I-526 (legacy) 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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