EB-5 Policy and Oversight > Data Transparency and FOIA

AIIA 的《信息自由法》倡议和透明度使命

What We’re Fighting For

Access to accurate and timely information is paramount for fostering transparency and accountability within the EB-5 stakeholder community, involving crucial entities such as U.S. Citizenship and Immigration Services (USCIS), the Department of State (DOS), and other relevant government agencies. Freedom of Information Act (FOIA) requests give the public immense power to foster accountability on their own, providing a legal avenue for EB-5 stakeholders, including the American Immigrant Investor Alliance (AIIA), to obtain critical data and documents from government agencies. By utilizing FOIAs, the EB-5 community can access information pertaining to visa processing, policy changes, and other pertinent matters. This transparency ensures that stakeholders, from investors to project developers, are well-informed and equipped to navigate the dynamic landscape of the EB-5 program.

The collaborative utilization of FOIAs promotes accountability not only within individual agencies but across the entire EB-5 ecosystem. USCIS and the IPO hold vital information that influences the decisions and investments of EB-5 stakeholders. By actively seeking transparency through FOIA requests, AIIA encourages these agencies to adhere to open communication practices and provide the necessary data for informed decision-making. The American Immigrant Investor Alliance’s advocacy in filing FOIAs exemplifies its commitment to fostering a transparent and accountable environment, ensuring that stakeholders have the data they need to navigate the complexities of the EB-5 program and make well-informed choices. So far, it has brought about the first look into I-526E inventories held at the IPO, important information about arbitrary denials and source of funds issues, as well as staffing and administrative data from USCIS and IPO.

EB-5 Policy & Oversight News & Articles

AIIA FOIA Series: Hidden USCIS Adjudication Standards – National Security Checks

FOIA disclosures reveal that USCIS’s FDNS uses opaque, often subjective “national security” indicators—especially for investors from countries of concern like China—to flag EB-5 cases for lengthy reviews or denials, with triggers ranging from military ties to certain university affiliations. These reviews can occur at any stage and cause years of delays unless addressed through litigation or political intervention.

AIIA FOIA Series: Post RIA Petition Approval Statistics for January 2025

USCIS FOIA data shows post-RIA EB-5 adjudications are slow, with rural cases moving faster than high unemployment cases but both far from clearing the backlog—meaning long waits ahead, especially for HUA investors.

AIIA FOIA Series: Updated I-526E Inventory Statistics for January 2025

USCIS FOIA data obtained by AIIA shows post-RIA EB-5 demand far exceeds annual visa limits—about 10× for high unemployment and 4× for rural—creating long potential wait times, especially for China and India. We ask you to consider donating to sustain FOIA litigation and advocacy for investor transparency.

AIIA FOIA Series: Updated I-526E Inventory Statistics for July 2024

AIIA has filed FOIA requests to USCIS for data on I-526 and I-526E filings, revealing trends from April 2022 to July 2024. The data shows a rise in demand for high unemployment and rural TEA visas, with wait times increasing due to limited annual visa availability. The backlog is especially concerning for applicants from China and India.

AIIA FOIA Series: Pre-RIA I-526 data as of July 2024

AIIA's recent FOIA requests have uncovered detailed data on pending EB-5 I-526 petitions as of July 2024, highlighting the backlog of pre-RIA investors, particularly from China, India, and the Rest of World. The data emphasizes the significant wait times for pre-RIA investors, while also shedding light on the growing backlog for post-RIA investors, especially from China, where there may not be enough visas to clear the backlog by 2030.

Overview of I-526E Statistics for March 2024

AIIA’s recent FOIA request reveals trends in EB-5 petition filings from April 2022 to early 2024, showing strong demand from China and India, with increasing interest from Latin America and Europe. The data highlights an imbalance, with High Unemployment Area petitions surpassing Rural petitions, especially in Colombia and Europe.

AIIA FOIA Series: Updated I-526E Inventory Statistics for 2023

AIIA presents a detailed data analysis on just how this new FOIA data means for post-RIA investors, read our blog and our webinar discussing this data on Youtube to learn more.

FOIA Request for Updated I-526E Inventory Statistics

In this blog, AIIA analyzes the newest batch of I-526E inventory data born from our previous FOIA litigation. We did a deep dive on the issue of "invisible backlog" and highlighted the lopsided demand and supply of Rural and High Unemployment Reserved EB-5 categories.

AIIA Obtains I-526E Inventory Data for Backlog Assessment

AIIA has now received a never before seen look at the I-526(E) petition inventory held at the USCIS as of April 2023. This data was obtained through a Freedom of Information Act (FOIA) request and litigated by AIIA. Now, we must continue the fight for transparency and continue to push USCIS for further information about EB-5 petition inventories and processing delays at USCIS.

We are suing USCIS for failing to provide I-526E inventory data

Since USCIS has yet again failed to provide us with the appropriate information regarding our prior FOIA requests, AIIA–in partnership with the Galati Firm–is suing USCIS for this lack of transparency and to prevent the forming of an invisible backlog in the not-so-distant future.

RIA 之前的 EB-5 申请人需要等待多长时间才能获得签证?

AIIA utilizes the data we have gathered through our recent FOIA campaigns to offer EB-5 investors an overall estimation on the expected wait time of EB-5 investors from backlogged countries based on historical data trends. With USCIS current petition processing times, the outlooks for most retrogressed immigrants is grim, considering little has been done since the passage of the RIA to remediate wait times.

Second FOIA Suit to Address Petition Denials

Since USCIS has failed to provide us with the appropriate information regarding our prior FOIA requests, AIIA–in partnership with the Galati Firm–is suing USCIS for this lack of transparency and inaction.

Featured EB-5 Policy & Oversight Resources

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AIIA has curated a list of the top professionals from attorneys, investment specialists, to business plan writers to support all all EB-5 stakeholders

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Directory of Professionals

AIIA has curated a list of the top professionals from attorneys, investment specialists, to business plan writers to support all all EB-5 stakeholders

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Frequently Asked Questions

Why does AIIA use Freedom of Information Act (FOIA) requests in its advocacy work?

AIIA uses FOIA requests to promote transparency and accountability within the EB-5 program. By obtaining internal government data and documents, AIIA helps EB-5 stakeholders—investors, project developers, and attorneys—gain access to accurate, up-to-date information that affects visa processing, policy decisions, and program operations. This ensures the community can make informed decisions based on verified facts rather than speculation.

What kind of information can be obtained through FOIA requests related to the EB-5 program?

FOIA requests can reveal critical details about USCIS and Department of State operations, including visa processing statistics, I-526E petition inventories, policy interpretation records, and administrative data such as staffing or case management practices. These insights shed light on how EB-5 applications are processed and where inefficiencies or inconsistencies may exist within the system.

How does transparency through FOIAs benefit EB-5 investors and other stakeholders?

Access to government-held data allows EB-5 investors and industry participants to understand the real status of the program, anticipate policy shifts, and identify problem areas such as delays or arbitrary denials. Transparency builds trust, empowers stakeholders to hold agencies accountable, and ensures that investment and immigration decisions are grounded in reliable information.

What impact has AIIA’s FOIA work had on the EB-5 community so far?

AIIA’s FOIA initiatives have provided the community with unprecedented insight into the operations of the Immigrant Investor Program Office (IPO) and USCIS. Notable outcomes include access to data on I-526E petition inventories, information about arbitrary denials and source-of-funds issues, and staffing and administrative records. These disclosures have deepened the community’s understanding of EB-5 processes and highlighted areas needing reform.

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