U.S. Citizenship and Immigration Services (USCIS) clarified how the Immigrant Investor Program Office (IPO) will manage and assign EB-5 investor petitions following changes introduced by the EB-5 Reform and Integrity Act of 2022 (RIA). The updated EB-5 case management approach will take effect on March 30, 2026, and will affect both Form I-526 (Standalone Investor) and Form I-526E (Regional Center Investor) petitions.
Modified FIFO Assignment System
Beginning March 30, 2026, USCIS will generally assign EB-5 petitions using a first-in, first-out (FIFO) approach while incorporating statutory priorities under the RIA.
Under this system:
- I-526E petitions will be assigned for review only after the associated I-956F is approved.
- Rural I-526E petitions will receive priority assignments under the FIFO approach.
- Other I-526E petitions and post-RIA I-526 petitions will be assigned after the rural queue is addressed.
USCIS may also organize petitions into sub-queues by visa category, such as high-unemployment area, infrastructure, and unreserved visas, to facilitate the use of reserved visas in line with congressional intent.
Project Approval Required Before I-526E Adjudication
Under the RIA, Form I-956F (Application for Approval of an Investment in a Commercial Enterprise) must be filed before investors submit associated Form I-526E petitions, and the eligibility of the I-526E petitions depends on the approval of the project’s I-956F application.
Consistent with this requirement, USCIS has confirmed that it will issue a decision on the Form I-956F before assigning any associated I-526E petitions for adjudication. As a result, investor petitions may remain pending but will not be assigned to adjudicators until the project is approved.
Priority for Rural EB-5 Investments
The RIA also requires USCIS to prioritize rural EB-5 investments. In addition, the law reserves portions of the annual EB-5 visa allocation for specific investment categories:
- 20% for rural investments
- 10% for high-unemployment area investments
- 2% for infrastructure projects
These provisions aim to direct EB-5 capital to targeted economic development areas.
Sub-Queues May Be Used to Facilitate Reserved Visa Usage
If USCIS were to adjudicate all Form I-526/E petitions strictly in a FIFO queue, without regard to visa classifications, it could lead to inefficiencies. For example, a petition that was filed first may be in a category that is oversubscribed and subject to a cut-off date and ahead of a petition where a visa number is immediately available. This could result in visa numbers in categories being unused. To ensure that the EB-5 visa set-asides are used efficiently and in line with congressional intent, USCIS may further organize petitions into sub-queues based on visa category.
Within the broader non-rural queue, petitions may be grouped into categories such as:
- Rural post-RIA Form I-526 petitions
- High-unemployment area investments
- Infrastructure project investments
- Unreserved EB-5 visas
Petitions within each sub-queue would then be assigned in FIFO order, and cases within each category would then be adjudicated in filing-date order.
Key Takeaways
These changes reflect USCIS’s effort to align EB-5 case management with the statutory framework established by the RIA. For EB-5 stakeholders, the update highlights two important considerations: project approval timing will play a critical role in investor petition adjudication, and rural projects will continue to receive priority in processing and visa allocation.
Regional centers, developers, and investors should monitor further USCIS guidance as the agency implements these changes. If you have questions about how this USCIS policy update may impact your EB-5 investment or project, please contact our EB-5 Immigration Team or request a consultation for guidance.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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