Foreign nationals looking to obtain Green Cards often worry about how long the process can take, and for good reason. Historically, the EB-5 visa— along with other employment-based visa categories—was affected by long processing times and immigration delays. However, the process continues to get shorter for new investors considering the EB-5 program.

Prior to 2022, EB-5 processing times could take several years. Now, thanks to the EB-5 Reform and Integrity Act of 2022 (RIA), the industry is seeing Form I-526E approvals in under 12 months.

In this article, we’ll delve into the reasons behind the updated processing times. We’ll also discover how they affect the EB-5 process and discuss how selecting a low-risk rural EB-5 project can help investors get their Green Cards faster.

Rural Investments Speed Up I-526E Approvals

The EB-5 Reform and Integrity Act of 2022 (RIA) has designated 32% of the annual EB-5 visa quota for targeted employment area (TEA) projects. This includes:

• 20% for rural TEAs
• 10% for high-unemployment TEAs
• 2% for infrastructure projects

Rural area investments play a significant role in speeding up applications due to the benefits of set-aside visas and the unique priority processing opportunity.

Set-Aside Visa Quota

RIA brought about a number of modifications, including set-aside visa quotas. These quotas have positively impacted processing delays.

By investing in targeted employment areas, foreign nationals can avoid the long queues that typically occur in the unreserved category due to visa availability issues. As of June 2024, for “legacy” I-526/I-526E petitions before 2022, the estimated processing time announced on the United States Citizenship and Immigration Services (USCIS) website is 54 months.

There is less competition for the relatively new reserved visas, and no visa backlogs at the time of writing. This streamlined process not only accelerates the path to I-526E approval but also provides a more predictable timeline for obtaining U.S. permanent residency.

With years-long wait times now down to a few months, the set-aside visas have proven to be a game-changer. This particularly applies to investors from nations with significant demand, such as China and India.

Although all set-aside visas are still in current status, they can get oversubscribed quickly. Since RIA was enacted, investors’ interest in the EB-5 program has increased, leading to a rising number of applications. Interested investors are advised to apply promptly to avoid any delays or possible backlogs in the reserved categories.

Priority Processing

The EB-5 program focuses on funding underserved areas through foreign investment. To encourage such investments, USCIS offers a strong incentive by processing petitions for these areas earlier than others. This is how RIA’s priority processing provision for rural TEA projects leads to quicker I-526E approvals for foreign nationals.

Can Concurrent Filing Get Foreign Investors Their Green Cards Faster?

Through the EB-5 concurrent filing opportunity, foreign investors can simultaneously file their Form I-526E and Form I-485 petitions. To qualify, applicants must hold a valid non-immigrant visa and be in the country at the time of filing. Before concurrent filing was introduced with RIA, foreign investors could only file Form I-485 after I-526E approval. This provision can speed up the Green Card application process by eliminating the need to wait separately for each petition.

Investors can also apply for an employment authorization document (EAD) and advance parole (AP) at the same time. This allows them to work in the U.S. and travel internationally while their petitions are being reviewed. With this, investors and their qualifying family members can begin enjoying the benefits of U.S. residency sooner.

Investing in Low-Risk Regional Center Projects Can Help

The majority of EB-5 applicants choose to invest in regional center-sponsored projects, which is an easier way for investors to fulfill the EB-5 requirements when compared to direct investments. Under the regional center program, designated regional centers must get pre-approvals from USCIS for each project they offer. Thanks to these exemplar approvals, investor petitions can be processed more quickly, shortening the time it takes USCIS to examine and approve the project.

Furthermore, most reliable regional centers are run by seasoned experts who are knowledgeable about the EB-5 program’s standards. This means the projects they are offering are more likely to adhere to laws and regulations, which lowers the possibility of delays stemming from compliance issues.

Choosing a low-risk rural EB-5 project also increases applicants’ chances of investment success, mitigating the risk of losing time on issues like redeployment, requests for evidence, or litigation.

Start Your Immigration Process With EB5AN

With immigration reforms and policy updates, USCIS aims to ensure a fair and practical system for the EB-5 program. However, there are still many technicalities involved in the process, which requires expert guidance. Figuring out the best methods to follow when planning on immigrating through EB-5 can be a daunting process because every investor has a unique situation, despite a common goal.

That’s where EB5AN comes in. We have assisted more than 2,300 families from 60 countries in relocating to the United States as lawful permanent residents. With over a decade of expertise, our team provides clients with top-tier, low-risk EB-5 regional center projects, boasting a perfect USCIS project approval record to date.

To take advantage of the shorter EB-5 processing times and get Green Cards for you and your family, schedule a free consultation with EB5AN today.