The EB-5 Visa Investor Program is a popular method for foreign nationals to obtain U.S. citizenship while also contributing to economic development. However, the time it takes to process EB-5 applications is a critical decision-making factor that can influence individuals’ immigration plans.

Understanding these processing times and learning how to navigate them successfully is essential to ensure a successful journey toward permanent residency in the country.

In this article, we’ll take a closer look at the different filing stages, processing times you can expect to face, and key insights to help you understand the complexities of the process.

Brief Overview of the EB-5 Immigrant Investor Program

The EB-5 Program is an immigration initiative that helps foreign nationals to obtain their conditional Green Card while investing in the economy and creating jobs for U.S. workers. It’s one of the best ways for foreigners to achieve permanent residency and offers many of the benefits U.S. citizens enjoy.

Under this program, foreign investors can apply for permanent residency by making a qualifying investment of $800,000 in targeted employment areas (TEAs). Non-TEA projects require an investment of $1,050,000.

Successful applicants and their immediate family members are granted conditional permanent residency for two years. After this period, they can apply to have these conditions removed. If their EB-5 project has met all of the program requirements, they’ll qualify for permanent resident status.

Processing Times in Each Stage of the EB-5 Application Process

The EB-5 program currently has the longest processing time among all employment-based immigrant visa categories. The prolonged EB5 processing time puts investors at risk of deportation and losing their money.

In this section, we’ll discuss the time it takes for each stage of the EB-5 program to be processed to help you understand what to expect and how you can expedite your application.

Stage 1: Form I-526

The first stage of applying to the EB-5 program involves submitting Form I-526E—Immigrant Petition by Regional Center Investor—to United States Citizenship and Immigration Services (USCIS). This form declares the investor’s intent to immigrate to the U.S. under the EB-5 program and provides detailed evidence about their investment.

This investment must be directed toward a qualifying new commercial enterprise (NCE) that will create ten full-time jobs within two years of the conditional residence period. Supporting evidence—such as bank statements and a business plan—is necessary to verify the information submitted.

In 2020, USCIS implemented a new approach for processing I-526 petitions in an attempt to speed up the confirmation process. They used to operate on a first-come-first-serve basis, but have since transitioned to a visa availability approach.

This allows USCIS to approve I-526 petitions submitted by applicants from countries where a visa is immediately available.

Applicants should still expect I-526 processing times to vary, as several additional factors can affect it. These include the complexity of source of funds documentation and petition errors. The most recent estimated case processing times are available on the USCIS website.

Many petitions take more than two years to approve. This delay puts a strain on investors, who are forced to accept additional risk to precisely time job creation to adhere to the program requirements.

Although investors have the option of filing a writ of mandamus with the U.S. courts to compel USCIS to approve their petitions, this process takes time and comes with associated costs.

Investors in rural TEA projects may experience significantly faster processing times.

Stage 2: Consular processing or adjustment of status

Approval of the I-526 petition prompts the next stage of the process, during which investors apply for conditional two-year permanent residence in the United States.

Investors who live abroad will have to apply for consular processing, while individuals with nonimmigrant status should apply for an adjustment of status. As explained below, the USCIS petition for adjustment of status can now be filed concurrently with Form I-526E.

Consular processing

Consular processing is a method of obtaining a visa through the U.S. consulate or an embassy located outside of the country. It’s an alternative to the adjustment of status process, which is typically used when an individual already lives in the United States.

For the EB-5 program, investors and their immediate family members must submit the DS-260 application with the National Visa Center (NVC) to gain admission to the United States. After the NVC reviews the application, it is forwarded to the U.S. consulate in the investor’s country of origin.

At the consulate, the form is processed, and the applicant will be invited for a visa interview. Processing times between the NVC and the consulate can be lengthy, with some applicants having to wait for more than a year.

Consular processing times are generally shorter than those of adjustment of status, but certain visa categories may still face a long wait.

Adjustment of status

The adjustment of the status process allows non-U.S. citizens who are already in the United States to attain permanent residence status without having to return to their country of birth. To be eligible for this process, an individual must meet certain criteria, such as being the immediate relative of someone with an approved immigrant petition.

EB-5 investors and family members must submit Form I-485 to adjust their status to that of a conditional permanent resident. Since March 2022, investors can now submit the I-485 petition along with Form I-526E.

Depending on the visa category, adjustment of status can be faster than consular processing, though the waiting times are generally similar.

Filing the I-526E and I-485 petitions concurrently allows investors to immediately adjust their immigration status to “pending”. Investors who do this can apply for a work permit and travel permit, allowing them to work and travel freely as they wait for their I-526E petition to be adjudicated.

Stage 3: Form I-829

After an investor has entered the United States as a conditional permanent resident, they’ll have a two-year window to ensure that their EB-5 investment projects meet the program requirements.

Within 90 days of the expiration date of this two-year period, the investor must file an I-829 petition—Petition by Investor to Remove Conditions on Permanent Resident Status—for removal of conditions of permanent residence. The wait times for petition approval are available on the USCIS website.

At the end of this process, investors are not guaranteed a Green Card either. They will only receive their Green Card if their I-829 petition proves that their investment created the required number of jobs and has met all other program requirements.

Chinese investors, in particular, face potentially long wait times between filing their I-526E petition and getting their Form I-829 approved.

The EB-5 program has specific requirements and poses significant risks for certain investors. Foreign nationals who want to apply for the program must consider the long wait times and associated risks to their investments before deciding whether the EB-5 program is right for them.

Why Does USCIS Processing Take So Long?

Although petition processing times have always been extensive, recent events like the COVID-19 pandemic have caused unprecedented backlogs that USCIS is still working to address.

In addition to the backlogs, applicants have to submit paperwork across a number of years and often have to plead their case with an immigration officer several times. This back-and-forth can lead to significant delays in the approval of petitions, potentially stretching over several months.

Your application may also be delayed if you’ve filed your forms incorrectly or haven’t responded to USCIS’s requests for evidence (RFE). To avoid this, it’s essential to ensure that you hand in fully completed forms along with the necessary documents required for application approval.

Over the years, the number of immigrant visa applications has also increased. Due to limited resources and processing capacity, institutions like USCIS, NVC, and the consulate are struggling to keep up.

Fortunately, the EB-5 Reform and Integrity Act has implemented set-aside visa categories, which allow Chinese and Indian investors to avoid excessive delays caused by their country’s backlog of EB-5 applications. And, as mentioned above, all investors in rural TEA projects now qualify for priority petition processing.

Helpful Resources for EB-5 Investors

Streamline Your Path to U.S. Citizenship With EB5AN

Navigating processing times while maintaining your immigration status can be a complex journey, but it’s a vital step toward obtaining your Green Card and securing your future in the United States.

At EB5AN, our team of seasoned immigration lawyers is here to simplify this process for you. We offer expert guidance every step of the way, from determining the required forms to helping you compile your package of essential documents. Moreover, we can provide recommendations for suitable investments and assist you in maintaining your residency status.

Don’t postpone your future any longer. Reach out to us today by visiting our website or sending us an email. With EB5AN as your trusted partner, you can confidently navigate the path to permanent U.S. residency.