Approval Rates for EB-5: I-526 and I-829 Statistics

Understanding the approval rates for the Immigrant Investor Program (EB-5) is crucial for prospective investors. The process involves two primary stages: the I-526 Immigrant Petition by Alien Entrepreneur and the I-829 Petition by Regional Center Investor. Analyzing historical data provides insight into the current processing landscape and potential risks.

I-526 Immigrant Petition Approval Trends

The I-526 petition is the initial hurdle, establishing the investor's eligibility and the legitimacy of the capital investment. Approval rates have fluctuated significantly based on USCIS policy shifts and resource allocation.

Historical I-526 Approval Data

While specific quarterly figures change, general trends show periods of high approval followed by stricter scrutiny.

• Early Years (Pre-2015): Generally higher approval rates, often exceeding 80%.
• Mid-Period Scrutiny (2016-2019): Increased Requests for Evidence (RFEs) led to lower initial approval percentages, though many were eventually approved after RFE responses.
• Recent Trends: Focus remains on job creation documentation and source of funds verification.

Key Factors Affecting I-526 Approvals

Approval hinges on demonstrating adherence to three core requirements:

1. Capital investment amount (minimum $800,000 or $1,050,000).
2. Creation or preservation of at least 10 full-time jobs.
3. Source of invested funds must be lawful.

I-829 Petition: Removing Conditions

The I-829 petition, filed approximately 21 months before the I-526 approval date, is the final step to obtain permanent residency. This petition focuses on proving that the required 10 jobs have been sustained for the required period.

The sustained job creation requirement in the I-829 stage is often more challenging to prove than the initial projections made in the I-526 filing.

I-829 Approval Rate Analysis

I-829 approval rates are generally considered strong, provided the underlying business venture remained viable and met employment targets. However, processing times for I-829 petitions have become notoriously long.

Common challenges at the I-829 stage often involve:

• Job Counting Methodology: Ensuring USCIS accepts the method used to count full-time employees.
• Sustained Employment: Proving the jobs were maintained throughout the required two-year conditional period.

Processing Time Impact

Delays in I-829 processing mean investors often remain in conditional status for extended periods. Investors frequently file for "compelling circumstances" extensions if the I-829 is not adjudicated before the two-year conditional period expires. The standard processing time can often be tracked using USCIS processing time tools, though actual adjudication varies.

Conclusion on EB-5 Statistics

While the EB-5 program remains a viable path to U.S. residency, investors must engage with experienced legal counsel. Success is heavily dependent on meticulous documentation at both the I-526 and I-829 stages. Current approval statistics suggest that well-prepared cases, particularly those showing clear evidence of job maintenance, have a high probability of eventual success.

For example, a typical well-documented case might see an I-526 approval within 18-30 months, followed by an I-829 adjudication that currently spans several years.