EB-5 Terminology


A petition filed by the investor for an EB-5 visa. The I-526 is typically filed by an immigration attorney, as there is a lot of supporting paperwork that needs to be submitted with the 13 page I-526 form. After filing of the I-526 petition, USCIS will either approve, deny or issue an RFE/NOID to the applicant.


Request for Evidence (RFE) issued by USCIS seeking more clarifications or documents related to an investor’s EB-5 petition.


Notice Of Intent to Deny. A NOID means that the USCIS intends to deny the I-526 petition and it does not appear that any evidence is missing or needs to be clarified. Before it can deny the petition, USCIS must give the petitioner the opportunity to respond and rebut any information listed in the notice. A NOID is worse than a Request for Evidence (RFE) but better than a denial, because you still have the opportunity to get the petition approved if you timely respond to the NOID and resolve all of the USCIS’ concerns.


Once your I-526 is approved and you have finished your consular processing or adjustment of status, you will be given the conditional green card. After 21 months, you will have the opportunity to apply for a permanent green card by filing the I-829 petition. This needs to be filed before the end of the 24th month after receiving your condition green card.


EB-5 investment amount can be reduced to $500,000 (from $1 Million) depending upon whether an investor can demonstrate that a project is located in a rural area or an area which has experienced unemployment of at least 150% of the national average rate. These geographical areas are known as “Targeted Employment Areas” or TEAs.

Final Action date (FAD)

Final Action date is a date published by the USCIS’s Visa Bulletin and is updated monthly. When USCIS determines there are more immigrant visas available for the fiscal year than there are known applicants, you may use the Dates for Filing Applications chart to determine when to file an adjustment of status application with USCIS. Otherwise, you must use the Application Final Action Dates chart to determine when to file an adjustment of status application with USCIS.


The USCIS Visa bulletin is published monthly showing when an approved I-526 petitioner investor can apply for conditional green card. But, if country-wise I-526 petitions is greater than 7% (of 10,000 visas annually, including dependents), then there will be a delay (retrogression) for those investors seeking to apply for the EB-5 conditional GC.

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