A Guide to EB-5 Processing Times
The EB-5 industry has undergone extensive reforms under the EB-5 Reform and Integrity Act of 2022 (RIA). These updates were designed to strengthen investor protections and improve the efficiency of United States Citizenship and Immigration Services (USCIS). The RIA has also helped to address the EB-5 visa backlog, but processing times for petitions still vary depending on the number of pending applications in each visa category.
Processing Times for I-526E and I-829 Petitions
Depending on the applicant’s country of origin, the processing time for these petitions could take several years. Since the implementation of the RIA, I-526E petition turnaround times have been decreased significantly. This is due to enhanced operational efficiency at the Immigrant Investor Program Office (IPO) and the utilization of reserved visa categories for targeted projects, such as those located in high-unemployment areas.
Factors Affecting EB-5 Processing Times
Estimating the processing time for EB-5 petitions is difficult because each case is unique and each I-526E and I-829 petition is adjudicated according to investor-specific criteria. That said, the USCIS website provides the most current estimate for processing times. Factors that could impact the processing times include whether the EB-5 project is in a reserved category and whether the applicant can adjust their status at the same time as filing their I-526E petition.
- Reserved Visa Processing times
Investing in a targeted-employment area (TEA), such as in a high-unemployment area EB-5 project, could potentially reduce processing times for the applicant given 32% of the 10,000 EB-5 visas (annually allocated) are reserved for these types of projects.
- Location of the EB-5 Applicant
Although where the applicants are located would not have an effect on the adjudication time of their I-526E petition, investors living in the U.S. can apply for their green card at the same time as they request an adjustment of status by filing Form I-485. In contrast, investors living outside the U.S. must go through “consular processing,” which requires submitting documents to the National Visa Center (NVC) and completing an interview at a U.S. embassy or consulate in their home country.
One of the most investor-friendly changes introduced by the RIA was the introduction of concurrent filing. Concurrent filing is available for those who are already residing in the United States on a non-immigrant visa, like an E-2, H-1B, or F-1 visa. It allows investors to simultaneously file their Form I-526E and Form I-485 for adjustment of status to apply for lawful permanent residency. Prior to the RIA, individuals in the United States on a non-immigrant visa couldn’t file their I-485 until their I-526 was approved, which meant they couldn’t apply for travel or work permits.
Most EB-5 investors who take advantage of concurrent filing have their travel and work authorization processed before their I-526E petition, sometimes getting approval in just a few months. For investors transitioning from an E-2 (or other nonimmigrant visa), this allows them to receive many of the benefits of permanent residency (including living and working in the U.S.) while waiting for their permanent residency.
Setting Yourself Up for a Smooth EB-5 Experience
The EB-5 program continues to be one of the most expedited routes to U.S. permanent residency. By partnering with the right regional center, working with an experienced immigration attorney, and ensuring accurate documentation, you can position yourself for success.
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