EB-5 Data Dictionary

Tracks the lifecycle of I-526E petitions from filing through adjudication. Includes breakdowns by TEA category (rural, high unemployment area, infrastructure, unreserved) and country of chargeability. Data is sourced from USCIS quarterly statistical reports and supplemented by FOIA releases for sub-category detail.

The Visa Bulletin determines which approved EB-5 petitioners can proceed with immigrant visa processing or adjustment of status. Final action dates indicate visa availability by country of chargeability. When a category is "Current," no backlog exists. A date means only petitioners with priority dates before that date can proceed. Published monthly, typically 4 to 6 weeks before the applicable month.

Measures the gap between approved petitioners and available visa numbers. The backlog represents petitioners who have been approved but cannot complete the immigration process because their country has exhausted its annual visa allocation. Includes approved I-526/I-526E petitions waiting for consular processing, pending I-485 adjustments, and derivative family members. Wait time estimates are derived from backlog size, annual visa allocation (approximately 10,000 EB-5 visas per year), and historical advancement patterns.

Tracks adjustment of status (AOS) applications for EB-5 investors already in the United States. These are I-485 forms filed either concurrently with the I-526E petition or after approval. The concurrent filing option, available since the EB-5 Reform and Integrity Act of 2022, allows petitioners to file I-485 while their I-526E is still pending, providing interim work authorization (EAD) and travel permission (advance parole).

Measures new petition filing activity as a leading indicator of program demand. Tracks quarterly filing volumes broken down by the four TEA set-aside categories introduced by the EB-5 Reform and Integrity Act: rural (20% set-aside), high unemployment area (10% set-aside), infrastructure (2% set-aside), and unreserved. Country-level breakdowns identify which investor populations are most active.

Comprehensive fee schedule for the EB-5 immigration process. Includes base filing fees, biometric fees where applicable, and premium processing fees where available. Fee history tracks changes over time, including the January 2024 fee rule that significantly increased most EB-5 filing fees. Court-ordered fee adjustments are noted where relevant.

Tracks the final stage of the EB-5 process where conditional residents petition to have conditions removed from their green card. This typically occurs 21 to 24 months after receiving conditional permanent residence. The I-829 requires demonstrating that the invested capital was sustained, the required jobs were created or will be created, and the investor maintained the investment throughout the conditional period.

Tracks two key quality metrics in the adjudication process. RFE rates measure how often USCIS requests additional evidence before making a decision, serving as a proxy for application quality and adjudicator scrutiny. Denial rates measure final negative outcomes. Together they indicate adjudication difficulty and filing quality trends. High RFE rates suggest either increased scrutiny or preparation gaps.

Tracks how much of each annual visa set-aside allocation is actually used. The RIA created three reserved categories with specific percentages of the annual EB-5 visa allocation. Unused set-aside visas fall to the unreserved pool at the end of the fiscal year. Utilization rates indicate demand patterns and help predict whether categories will remain "Current" (no backlog) or become retrogressed.

Tracks how final action dates have moved over time for retrogressed countries. Retrogression occurs when demand exceeds supply and the State Department moves cutoff dates backward. This dataset records each monthly movement (forward advance, backward retrogression, or unchanged), enabling trend analysis and pattern recognition for predicting future movement. Particularly relevant for China and India applicants facing multi-year wait times.

Records the statutory and regulatory minimum investment amounts over the history of the EB-5 program. The EB-5 Reform and Integrity Act of 2022 set amounts at $800,000 (TEA) and $1,050,000 (standard) with a provision for automatic CPI adjustment every 5 years. The next scheduled adjustment is January 1, 2027. This dataset tracks thresholds, adjustment triggers, and the potential new amounts based on CPI projections.

The EB-5 Integrity Fund was created by the 2022 Reform and Integrity Act to fund oversight and compliance activities. Regional centers and investors pay mandatory fees into the fund, which finances auditor site visits, compliance reviews, and fraud investigations. This dataset tracks fund balance, collection rates, and the number of compliance actions taken.

Maintains a current list of USCIS approved regional centers that can sponsor EB-5 investment projects. Includes designation status (approved, terminated, debarred), authorized geographic areas, approved industry sectors (NAICS codes), and approval dates. Critical for investors conducting due diligence on potential EB-5 projects.

FOIA releases provide the most granular EB-5 data available, including breakdowns by TEA category within country, processing stage detail, and historical trend data that USCIS does not publish in standard reports. EB5Status files quarterly FOIA requests and publishes the results with full provenance. FOIA data typically has a 6 to 12 month lag from the period it covers.