Effective March 30, 2026, USCIS will implement a new “Inventory Management” approach for processing EB-5 investor petitions. This update stems from the EB-5 Reform and Integrity Act of 2022 (RIA) and significantly changes how Form I-526 (Standalone Investor) and Form I-526E (Regional Center Investor) petitions are reviewed.
What Changed?
The RIA introduced several priorities for the EB-5 program:
- Project approval first: Regional center investor petitions (I-526E) cannot be adjudicated until the associated project (Form I-956F) is approved.
- Visa set-asides: Certain percentages of visas are reserved for rural projects (20%), high-unemployment areas (10%), and infrastructure projects (2%).
- Rural priority: Rural petitions are prioritized to align with the visa set-aside.
- Processing goals: Targeted Employment Area (TEA) petitions are generally prioritized over non-TEA petitions.
USCIS updated its case management process to balance these statutory priorities with available resources.
How Cases Will Be Processed
1. Project First, Then Investors
- Regional center cases must first receive Form I-956F approval
- Only then will associated Form I-526E petitions be reviewed
- This makes project approval a key factor in the timing of investor petitions
2. Rural Petitions Get Priority
- Rural petitions are reviewed first, in a dedicated FIFO queue
- This ensures reserved visas for rural projects are fully used for the fiscal year
3. Other Petitions Move Forward
Once the rural queue is cleared or once USCIS determines enough decisions have been made to meet the rural visa quota, other post-RIA I-526/E petitions will begin processing in FIFO order.
This includes:
- High-unemployment projects
- Infrastructure projects
- Unreserved EB-5 petitions
4. Grouping by Visa Category
To manage non-rural petitions efficiently, USCIS may organize them into sub-queues based on visa type. Each sub-queue is processed in FIFO order, helping ensure that reserved visas are fully utilized and in line with congressional intent.
What This Means for Investors
For EB-5 investors, the status of a Regional Center project’s Form I-956F is more important than ever. Petitions tied to projects with approved I-956F forms may move faster through USCIS processing.
Investments in rural projects will continue to receive priority, which can speed up adjudication.
Other petitions are processed in FIFO order within their respective categories or sub-queues (high-unemployment, infrastructure, unreserved) to ensure that reserved visas are fully utilized and in line with congressional intent.
Overall, an investor’s place in line is no longer determined solely by filing date. It is now influenced by various factors including project type, visa category, and whether the project’s I-956F has been approved.
For more information about the EB-5 program or to determine whether you may qualify, please contact Jacqueline Treviño at jtrevino@psbplaw.com.