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I-829 Denials
I was just going through the USCIS website.
While looking at the stats of I-829 denials in FY2008 and FY 2007, the number of denials seems very large (approx 25%). I understand that these I-829 petitioners include indiviual investors too, it will be very helpful to know what is the expected rate of denials for investors through regional funds?
If I assume all the denials are for RC investors, than applying through EB5 might not be a great idea, which means you invest 500,000 and get green card for only two years.
FY 2007 (I-526): 473 approvals, 148 denials.
FY 2007 (I-829): 111 approvals, 49 denials.
FY 2008 (I-526): 640 approvals, 120 denials.
FY 2008 (I-829): 158 approvals, 58 denials.
The I-829 denial rate was even worse 10 years ago: it was like over 50% or higher. The denial rate will go up and down, relative to how strictly USCIS will interpret the EB-5 law. For example, if the RC-based EB-5 Project created 8 jobs per each investor, will USCIS approve I-829s on the ground that the EB-5 Project "substantially" complied with the job-creation requirement? Again, no guidance on this issue, but the fact is USCIS does have some discretion to do so, if they wish to.
At several meetings, USCIS EB-5 HQ revealed that most I-829 denials are individual, direct EB-5 cases. However, this is not to say that there are or will be no I-829 denials for RC cases. We simply do not know how many RC-based I-829 cases are denied. The reason for this is that USCIS does not differentiate RC and non-RC I-829 cases, and also, no RC is going to proudly or openly advertise their I-829 denials.
Unfortunately, the USCIS does not keep separate stats for RC and non-RC cases. I agree that more refined stats are needed. I believe AILA asked for more detailed stats several times. In addition, USCIS stated several times that a sub-website dedicated to EB-5 information will be uploaded at www.uscis.gov website, but to date, I don't see it. I think we could die waiting -- or from the shock when the website actually gets uploaded.