IIUSA Data Report: Form I-829 Statistics for Q4 and FY2020 Full-Year Review

In January, USCIS published quarterly statistics for all application and petition form types for the fourth quarter (Q4) in fiscal year (FY) 2020, including the latest data between July and September for Form I-526, Form I-829, Form I-924, and Form I-924A. With the federal fiscal year ended on September 30, 2020, the newly released data also concluded the performance of Form I-526 filings, adjudications and backlog changes in FY2020.

IIUSA produced a new data report (members-only) of Form I-829 statistics, informing our stakeholders of the latest data trends of the final step of immigration process for EB-5 investors.

(Form I-829 Statistics by Fiscal Year)

KEY DATA HIGHLIGHTS

Form I-829 Filings:

3,096 EB-5 investors filed their I-829 petitions in fiscal year (FY) 2020 (October 1, 2019 – September 30, 2020), a decline of 18% from FY2019 when the volume of I-829 filings reached a historical high.

Form I-829 Adjudications:

In FY2020, USCIS adjudicated a total of 2,771 I-829 cases, a record-high volume of annual I-829 adjudications in the history of the EB-5 Program.

Form I-829 Approval Rates:

The average approval rate of I-829 petitions was 95% in FY2020, up by 1% from the average approval rate in FY2019. Unlike the I-526 approval rates that showed a high level of fluctuations in FY2020, the I-829 approval rate remained between 94% and 96% in the last three years.

Form I-829 Backlog:

As of the end of FY2020 (September 30th, 2020), 10,304 I-829 cases were still pending at USCIS. Based on the current I-829 adjudication trends (on average 231 cases per month), it could take approximately 3.7 years for USCIS to clear out the current backlog of I-829 cases.

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