The USCIS Ombudsman’s Office just released its 2013 Annual Report, which includes some important information on the EB-5 Program. The Report includes the official filing data on form I-924 applications for FY2010-FY2012. Below is a summary of the I-924 filing data:
- FY2010: 152 filings – 8 approvals – 41 denials – 0 RFEs
- FY2011: 278 filings – approvals – 58 denials – 56% RFE rate
- FY2012: 240 filings – 35 approvals – 63 denials – 75% RFE rate
The Report also includes data for I-526 petitions received between FY2010-FY2012, which states that between FY2010 to FY2012, USCIS received nearly a 300% increase in I-526 filings. Below is a summary of the I-526 filing data:
- FY2010: 1,955 filings – 1,369 approvals – 165 denials – 22% RFE rate
- FY2011: 3,805 filings – 1, 571 approvals – 373 denials – 72% RFE rate
- FY2012: 6,041 filings – 3,671 approvals – 957 denials – 44% RFE rate
The Report also mentions some key events which have taken place this past year, including the move from California Service Center to Washington DC, the release of the proposed EB-5 Policy Memorandum, the March 5th EB-5 Stakeholder meeting, as well as touches upon important information pertaining to tenant occupancy. The Report says that according to USCIS’s online “My Case Status” tool, as of February 28, 2013, there were 6,025 Form I-526 petitions pending with an average processing time of 11.7 months. Based on this data and the program requirements, these petitions represent a potential $3 billion and 60,000 new full-time jobs in the United States awaiting USCIS action. The Ombudsman raises this and other ongoing concerns regarding USCIS policy guidelines and states that they will continue to work to resolve individual EB-5 cases, review relevant policies and adjudications, and elevate stakeholder concerns, as appropriate.
