Getting a green card in the United States is a large investment. You plan your budget, your career, and your future around obtaining this immigrant visa. For the EB-5 green card, this represents an even bigger investment than most green cards. Knowing how long it will take for the USCIS to decide on your EB-5 visa is vital to planning anything concerning your investment. Let’s dive into what goes into this prestigious green card and what you can expect the EB-5 processing time to be.
EB-5 Background
If you are interested in getting a U.S. green card but aren’t sure which is best for your situation, here is a quick rundown of the EB-5 and its requirements. This will help us better understand the processing time.
Although the EB-5 green card is technically under the employment-based category, it is actually based on an investment rather than your employer (meaning that you can be unemployed but make an investment and still qualify for this green card). To be eligible, you need to invest at least $1 million in a U.S. enterprise. Alternatively, you can invest $500,000 if the enterprise is in an area of high unemployment or a rural area. The money must be your own, but it doesn’t have to be money that you have earned, meaning that it can be a gift.
The more that you invest and the increased likelihood that your enterprise will result in the development of jobs for U.S. citizens, the greater the chance that your petition will be approved.
EB-5 Processing Time
The steps that go into the EB-5 processing time are:
1. Filing the I-526 Petition
The first step for many U.S. green cards is filing an I-526 petition. In the case of the EB-5, the average time is 71.1 months according to USCIS data, but it could take shorter or longer. The amount it takes for this petition to be processed varies and is heavily dependent on the complexity of your case and how busy the service center that is processing your petition.
Is Premium Processing Available?
No, premium processing is not available to shorten the EB-5 processing time.
2. Waiting for the EB-5 priority date to be current
Once USCIS receives your petition, they automatically assign the date they receive it as your priority date. Note down your priority date, as you need it to check your processing time. The Department of State releases a new visa bulletin every month that lists final action dates based on the type of green card you are pursuing and which nation is your home country. You will need to wait until your priority date matches or passes the final action date in your category (ex., EB-5, India).
Fortunately, most countries have a “current” final action date.
3. Adjustment of Status or Consular Processing
Once your petition’s priority date is current, there are two routes that can be taken: adjustment of status and consular processing.
Adjustment of Status
This is only available to those who are already in the U.S. under a nonimmigrant visa status (such as an E-2 or H-1B status). Adjustment of status simply involves filing an I-485 form along with the necessary fees and having your status adjusted from the nonimmigrant to the immigrant category. The I-485 usually takes about seven months to process, according to USCIS data. It is also important to note that just because your I-526 petition was approved does not mean that your I-485 will also be approved. Therefore, you must ensure you are remaining in status during the entirety of the EB-5 processing time.
Consular Processing
If you are outside of the U.S. and not under a nonimmigrant status when your I-526 petition is approved and your priority date is current, then you must undergo consular processing. This involves an appointment with the designated U.S. Consulate or Embassy in your home country for a one-on-one interview with a consular officer.
The amount of time it takes for this to happen depends on the Consulate or Embassy’s caseload. You may be able to schedule an interview appointment in two weeks, or it may take much longer. Once you arrive at your appointment, you will need to bring your passport as well as several required documents and supporting evidence for your EB-5 green card.
Answer all questions promptly, confidently, and truthfully. If your EB-5 interview goes well, the Consulate or Embassy will take your passport and send it back to you a few weeks later with your green card attached inside. Occasionally, people who have to option to adjust their statuses choose to go through consular processing because it is often a shorter process and can also be the cheaper option, depending on your circumstances.
What Could Delay My EB-5 Processing Time?
Avoiding common pitfalls can help ensure that you are on the fastest track to your EB-5 green card. Here are some of the reasons that someone’s EB-5 processing time may take longer than it should:
- Simple errors – It may sound obvious, but you want to make sure that your petition is free of all errors and that all fields are filled. A simple error can lead to a delay in your EB-5 processing time or even result in a rejected petition. The best way to avoid this is to carefully check your petition for mistakes or have an immigration attorney file your petition for you.
- Requests for Evidence – If the USCIS feels that some extra documentation could support your case or fill in the gaps, you may be issued a Request for Evidence (RFE) rather than just reject it outright. While this is an opportunity to save your case, it will inevitably increase your EB-5 processing time. Sometimes, RFEs are issued because you are simply missing a copy of a passport or some other basic document. However, RFEs are also sent if the USCIS has questions about the origin of your investment funds or your plans for the enterprise in the future. Make sure that your case is rock solid before filing to avoid this issue.
- Issues with Fees – Lastly, make sure that you are paying the correct fees to the right places. Check the USCIS website for the I-526 petition to see what the most recent fee schedule is. Also, keep any biometrics fees in mind, as failing to pay them could delay your processing time. An immigration attorney can help you avoid simple mistakes with your filing fees.
How VisaNation Law Group Can Help
Going through any immigration process can be complicated and full of opportunities to make costly mistakes. If you have invested the $500,000 or $1 million necessary to get an EB-5 green card, you want to ensure you are doing everything right the first time. This is why the best strategy is to hire an immigration attorney to help you file your petition, advise your decisions, and help you avoid and deal with any possible obstacles that may come up along your journey.
VisaNation Law Group has a dedicated team of EB-5 lawyers that has helped countless investors and entrepreneurs find their permanent homes in the U.S. through this prestigious green card. Their goal is to protect your investment and to make the process as smooth and as easy as possible for you. If you are concerned about your EB-5 processing time or any other aspect of the process, they will help.
To get in touch with one of the expert attorneys, you can fill out this contact form and schedule your consultation today.