Latest EB-5 News
January 30 2023
New Way to Expedite Some Cases
The USCIS will soon expand its criteria allowing some applications to be expedited,
called “premium processing,” with a fee of $2,500. These new categories include:
called “premium processing,” with a fee of $2,500. These new categories include:
- EB-1 multinational organization executives and managers (“EB-1C”).
- EB-2 National Interest Waivers (“NIW”)
The processing time will be 45 days (not 15 as with a nonimmigrant visa such as H-1B,
L-1 or E-2).
But keep in mind that the new premium processing expedite is only for the I-140
petition. It does not include the adjustment of status (I-485) part of the immigration
process.
Note, in the past few weeks we have seen USCIS grant, without an expedite request,
two EB-2 NIW cases; one for a computational chemist from Israel and another for a
nuclear engineer from France. Both cases were granted in about two months.
We file many applications for scientists, engineers and others of extraordinary ability
and those with advanced degrees whose admission is in the national interest.
Filing Fee Increases
USCIS is proposing to raise its EB-5 filing fees as follows:
L-1 or E-2).
But keep in mind that the new premium processing expedite is only for the I-140
petition. It does not include the adjustment of status (I-485) part of the immigration
process.
Note, in the past few weeks we have seen USCIS grant, without an expedite request,
two EB-2 NIW cases; one for a computational chemist from Israel and another for a
nuclear engineer from France. Both cases were granted in about two months.
We file many applications for scientists, engineers and others of extraordinary ability
and those with advanced degrees whose admission is in the national interest.
Filing Fee Increases
USCIS is proposing to raise its EB-5 filing fees as follows:
- I-526 from $4,675 to $11,160
- I-829 from $3,835 to $9,525
These fees are not final but will probably be in place this spring.
The Biden Administration is implementing a few new policies:
The Biden Administration is implementing a few new policies:
- USCIS has extended its COVID-19 policies to allow an extra 60 days to reply to
RFEs, Motions, and appeals, which is helpful.
- EB-1C and EB-2 NIW I-140s can now be expedited with a premium processing
fee to the government for $2,500 – not all cases will benefit from premium
processing.
processing.
- USCIS filing fees will go up this spring:
- I-140 petitions from $700 to $715;
- Adjustment of status from $1,225 to $2,820
- I-129 (H-1B; L-1; E-2) from $460 to $780-$1,385
- The EB-2 (advanced degree or National Interest Waiver) quota is not advancing.
In December 2022, it backlogged and continues to have a November 1, 2022,
cut-off date. One can file a petition at any time to create a priority date but must
wait for that date to be current on the Visa Bulletin Chart A or B to file adjustment
of status in the U.S. or get an immigrant visa at an American consulate.