Earlier this month, U.S. Citizenship and Immigration Services (USCIS) announced that it would be publishing a “Months of Inventory” data point on its Form I-526, Immigrant Petition by Alien Investor (Legacy), processing times page. “Months of Inventory” is a data point that USCIS will calculate by dividing the pending pre-EB-5 Reform and Integrity Act (RIA) Form I-526 inventory by the average number of pre-RIA Form I-526 completions per month during the last six months. According to USCIS, it is adding this information because it demonstrates a more accurate picture of case progression for the EB-5 stakeholder community. Further, the “Months of Inventory” data point should better reflect the work being done to process pending EB-5 cases.

Given USCIS is no longer receiving Form I-526 legacy petitions, it is currently working through an inventory of cases that is not fluctuating due to the intake of additional receipts. USCIS has stated that the “Months of Inventory” will provide an additional data point of the progress toward reducing the current inventory of Form I-526 legacy petitions. With that said, stakeholders should be aware that USCIS processing times fluctuate, and each case is unique. While listed case processing times and the “Months of Inventory” data may be used as general reference points, they are not intended to provide an absolute timeline regarding when a specific case will ultimately be adjudicated.