Understanding EB-5 I-526E Approval Rates
The I-526E petition is the first formal step in the EB-5 immigrant investor process under the Reform and Integrity Act (RIA) of 2022. USCIS adjudicates each petition individually, evaluating whether the investor has documented the lawful source of funds, met the minimum investment threshold, and will create the required jobs through a qualifying new commercial enterprise.
Approval rates vary by country of birth and TEA category. These variations reflect differences in filing volumes, documentation patterns, the mix of project types chosen by investors from different countries, and USCIS adjudication prioritization. Rural TEA petitions, for example, have received expedited processing under USCIS policy, which contributes to their higher adjudication rates and, in many cohorts, higher approval rates.
It is important to note that approval rates are calculated from adjudicated petitions only. Petitions that are still pending are excluded. Because USCIS adjudicates different categories at different speeds, the approval rate for a newer filing cohort may appear different once more petitions in that cohort are decided.
Source of Funds and Documentation
Source of funds documentation is the single most important factor in I-526E petition outcomes. USCIS requires investors to trace the entire path of their investment capital from its lawful origin to the new commercial enterprise. This applies regardless of whether the funds come from salary, a business sale, real estate, investments, gifts, inheritance, or a loan secured by personal assets.
Investors with straightforward fund sources, such as accumulated salary over many years documented through tax returns and bank statements, generally face fewer Requests for Evidence. Investors relying on multiple sources, gifts from family members, or proceeds from business transactions in jurisdictions with limited record keeping often require significantly more documentation and may experience longer adjudication times.
The editorial guidance provided in this tool is based on general industry observations and published USCIS policy guidance. For a specific assessment of your documentation needs, consult a qualified immigration attorney with EB-5 experience.