EB-5 Visa Processing Time: Everything You Need to Know

The EB-5 visa program has gained popularity in recent years as a way for foreign investors to obtain a green card and eventually permanent residence in the United States. The program requires a significant investment of at least $900,000 in a qualified U.S. business, which can lead to job creation and economic growth in the country. However, with the increasing demand for EB-5 visas, one question remains on the minds of potential investors: how long does it take to process an EB-5 visa? In this article, we will dive into the details of the EB-5 visa processing time and discuss factors that may affect the timeline.

What is an EB-5 Visa?

Before we dive into the processing time, let’s first understand what exactly an EB-5 visa is. The EB-5 visa, also known as the Immigrant Investor Program, was created by the United States Congress in 1990 to stimulate the economy through job creation and capital investment by foreign investors. This visa is available to individuals who invest in a new commercial enterprise that will create at least 10 full-time jobs for U.S. workers. The investment amount varies depending on the location of the business, with a minimum of $900,000 for investments in a Targeted Employment Area (TEA).

The EB-5 Visa Processing Time

Unfortunately, there is no fixed timeline for processing EB-5 visas. The processing time can vary greatly depending on several factors, such as the volume of applications, the completeness of the application, and the complexity of the case. Generally, the average processing time for an EB-5 visa is 18 to 24 months. However, this timeline can be shorter or longer depending on the circumstances.

Step 1: Filing of the I-526 Petition

The first step in the EB-5 visa process is the filing of the I-526 petition, also known as the immigrant petition by alien entrepreneur. This must be filed with the United States Citizenship and Immigration Services (USCIS) and requires a significant amount of supporting documentation, including the investment capital, business plan, and proof of job creation. On average, the I-526 petition takes 12 to 16 months to process. However, the USCIS currently has a backlog of applications, which has led to longer processing times.

Step 2: Conditional Green Card

Once the I-526 petition is approved, the investor and their immediate family members (spouse and unmarried children under 21) can apply for a conditional green card. This step requires the completion of Form I-485, also known as the application to register permanent residence or adjust status. The processing time for the I-485 can vary from 8 to 12 months.

Step 3: Removal of Conditions

The EB-5 visa is initially granted as a conditional green card, which is valid for two years. To obtain a permanent green card, the investor must file Form I-829, also known as the petition by entrepreneur to remove conditions on permanent resident status, within 90 days of the green card’s expiration. This petition requires evidence that the required jobs have been created and maintained. The processing time for the I-829 can range from 24 to 30 months.

Factors that Affect Processing Time

As mentioned earlier, the processing time for an EB-5 visa can vary greatly. Here are some factors that can affect the timeline:

• Completeness of the application: A well-prepared and thoroughly documented application will likely have a shorter processing time.
• Backlog of applications: As mentioned earlier, the USCIS currently has a significant backlog of EB-5 visa applications, which has led to longer processing times.
• USCIS Request for Evidence (RFE): If the USCIS requests additional evidence to support the EB-5 petition, it can delay the processing time.
• Complexity of the case: If an investor’s case is complex, it may require more time for the USCIS to conduct a thorough review, resulting in a longer processing time.

Conclusion

In conclusion, there is no fixed timeline for processing EB-5 visas. The processing time can vary greatly depending on several factors, and it is essential to be patient and prepared for potential delays. The USCIS website provides updates on the estimated processing times, which can give investors a general idea of what to expect. It is vital to work with an experienced and reputable immigration attorney to ensure a well-prepared and complete application, which can help expedite the process.

FAQs

Q: Can the EB-5 processing time be expedited?

A: Currently, there is no expedited option for processing EB-5 visas. However, with a well-prepared and complete application, the processing time can be shorter.

Q: Will the investment amount affect the processing time?

A: No, the investment amount does not affect the processing time. However, investments in Targeted Employment Areas (TEAs) may result in a faster adjudication of the I-526 petition.

Q: What if my I-526 petition is denied?

A: If your I-526 petition is denied, you have the option to file an appeal or refile a new petition. It is crucial to work with an experienced attorney to address any issues or concerns with your application.