Established in 1990, the EB-5 visa program provides a means for foreign investors to acquire permanent residency in the United States. Investors and their close family members are eligible for green cards if they invest a certain amount of money in a U.S. commercial firm and create or maintain 10 full-time jobs for American workers. However, depending on a number of variables, the processing time for EB-5 visas can differ greatly. We will go into great detail about these variables in this article.
Investment Type: Direct vs. Regional Center
The kind of investment is a major factor in how long it takes to complete an EB-5 visa. Direct Investment and Regional Center Investment are the two main eb-5 investments approaches.
- Direct Investment: This entails overseeing day-to-day operations and making direct investments in a startup or established company. The direct investment path frequently requires a lengthier processing time because it is difficult to demonstrate that the investment has produced or will produce ten full-time jobs.
- Regional Center Investment: Investing in regional centers is more common since it enables collaborative investments in bigger projects, usually those involving buildings or real estate. Because the Regional Centers have pre-approved projects and the job creation criteria is frequently easier to document, the processing period for Regional Center applications is typically faster.
USCIS Processing Times:
Processing periods for EB-5 petitions (Form I-526) at the United States Citizenship and Immigration Services (USCIS) can vary depending on a number of factors, such as the amount of applications and USCIS resources. The processing time estimate as of as now is between 29.5 and 61 months. The following variables impact USCIS processing times:
- Application Amount: Since USCIS must carefully evaluate each petition, a high volume of EB-5 applications may result in lengthier processing periods.
- Resource Allocation: How quickly cases are processed can be impacted by the number of panel members allocated to EB-5 petitions. Processing timeframes overall may change as a result of staffing or resource allocation changes.
Project Location: Targeted Employment Area (TEA) vs. Non-TEA
The processing time may be impacted by the investment project’s location. A reduced investment requirement is applicable to investments made in Targeted Employment Areas (TEAs), which are rural or high unemployment areas. TEA initiatives are frequently given priority because of their possible financial benefits.
- TEA Projects: Investor wait times may be shortened for these projects since they receive priority processing.
- Non-TEA Projects: Investing in non-TEA projects can result in lengthier processing times since they demand a larger capital expenditure and could not be given the same priority.
NOIDs and RFEs:
Other factors that may impact the length of time it takes to complete an EB-5 visa include the Request for Evidence (RFE) and the Notice of Intent to Deny (NOID). USCIS may issue an RFE or NOID if they detect problems with the application or if they need more information.
- RFE: A request for more supporting documentation is made in an RFE. Processing times may increase by many months if you reply to an RFE and wait for USCIS to review the updated data.
- NOID: A NOID signifies that the application will be denied by USCIS. It may take longer to respond to a NOID since it needs to be done thoroughly and promptly.
Administrative Processing and Security Checks:
The EB-5 visa adjudication process includes administrative processes and security inspections. To make sure that applicants don’t represent a security danger to the US, these procedures are essential.
- Administrative Processing: This phase entails a thorough examination of the investment project and the applicant’s history. The total processing time can be greatly increased by administrative processing delays.
- Security Checks: Depending on the applicant’s history and place of origin, the length of the required security checks may vary.