We wanted to share a brief update on current USCIS processing trends and what we are seeing across EB-5 applications.
1) Slower Processing Timelines
Recently, there has been a noticeable slowdown in USCIS adjudications, particularly in cases involving biometric resubmissions and background checks. This is consistent with broader processing trends across immigration categories.
2) Increased Scrutiny Under Current Administration
USCIS is applying a higher level of review across applications. In the EB-5 context, this most commonly includes:
- More detailed examination ofsource of funds
- Deeper background and security checks
- Requests for additional documentation or clarification where needed
3) Expanded Biometrics Background Check Processes
We are also seeing operational delays tied to:
- New or repeated biometrics collection queues
- Coordination with FBI background checks
- Reprocessing requirements in certain cases
These steps are contributing to longer adjudication timelines.
4) External Factors Affecting Processing
Processing timelines are also influenced by factors outside USCIS, including:
- US Embassy workload fluctuations (e.g., peak F-1 and H-1B visa seasons)
- Temporary embassy closures or reduced capacity in certain regions
- Geopolitical disruptions impacting consular operations
5) Context: Cyclical Nature of Processing Trends
It is important to note that these slowdowns are not unusual. Immigration processing speeds tend to be cyclical, often shifting with changes in administration, policy priorities, and internal system updates. Periods of increased scrutiny are typically followed by stabilization once processes are recalibrated.
6) Our Clients: Current Status
Reassuringly, across our portfolio:
- We are not seeing any major adverse issues or systemic concerns
- Some investors are receiving targeted requests for additional information, which is expected in the current environment
- These requests are generally routine and manageable, and we are actively guiding clients through them
Closing Thoughts:
We continue to proactively encourage clients to work with their immigration attorneys to prepare applications with a high level of detail and documentation to anticipate this environment. Where requests arise, we are working closely with clients and attorneys to ensure timely and comprehensive responses with relevant information and documents.
If you have any questions about your specific case or would like to discuss these trends further, please feel free to reach out to us and your immigration attorneys.
