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When is the best time to apply for EB-5?

I want the quickest and highest possibility of approval for my EB-5 application. Does it matter what time of the year or what fiscal quarter I apply in? Is there a time where I can apply where USCIS is more likely to approve or will approve of my application more quickly?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The best time to apply is when you have the investment capital available, source of funds documentation in order and have chosen a regional center. Generally, the date of filing the petition does not have an effect on the processing time.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no specific best time to apply for EB-5. You can apply at anytime as long as you believe you are ready and can meet the requirements for filing an EB-5 application. As to whether you want the quickest approval for your EB-5, there is an option called expedited processing. This is quicker than standard filing procedure means of gaining approval. Please do not confuse expedited processing with premium processing, which is almost a guarantee that the USCIS will process an application, nonimmigrant and immigrant, within 15 days. There is no premium processing even though the idea has been kicked around and discussed for so many years. For an expedited processing request in EB-5, it usually done on case-by-case basis and any of such cases must be based at least on one of the 7 grounds which the USCIS typically uses for evaluating expedited application requests. To achieve highest possibility of approval an EB-5 application must be the requirements such as: 1) it must meet expected capital layout of either $1million or $500k depending on the area of investment and must be at risk; 2) the source of the fund must be lawful and 3) the investment must create jobs, at least 10 jobs.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    There is no impact on the year you apply. But, the fastest way to an approval is a non-regional center application (for now). Those are taking much less time 3-8 months.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Application time is not relevant to the processing speed. It all averages. In fact, more important is the individual reviewing officer, whom you have not control over.

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    Ying Lu

    Immigration Attorney
    Answered on

    No. Just so you know that USCIS does not have the premier processing for EB-5 applications either. However, a limited number of qualified petitioners can apply for expedited handling.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no best time of year to apply. I don't think it matters when you apply, just make sure you hire an experienced EB-5 immigration attorney who can advise you and prepare the best possible immigration case on your behalf.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    Calendar timing is not really an issue; more important, however, are the relevant project details and your personal source of funds. If the project is a good one and your source and path of funds is 'clean,' then you should be in good shape. If you have not already invested in a project, consider direct EB-5 projects which appear to have the fastest processing times. However, with direct projects come different requirements. Take a look at this due diligence checklist: http://www.eb5investors.com/eb5-basics/eb5-due-diligence.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    From our experience, there is no best time or even best type of industry in which to invest. However, preparing an approval petition and investing in an EB-5 compliant project is very important. We would help prepare an approvable petition (including authenticating the source of funds), and would review the project for compliance.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    With exception to the usual holiday slow down (December, January), there is really no "best" time to file for quicker or more efficient processing.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    There is no better time, unless we are looking at a quota problem. No time of the year is generally better than another.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, there is no particular time that is better for faster processing by UCSIS. The petitions are now taking more than 17 months to adjudicate.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    The success or failure of an EB-5 application is not dependent or contingent on the time of filing. USCIS has certain requirements/preferences that they want to see have been met by the applicant at the time of filing, but there is no preferred time span with respect to which month of the year you decide to file.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No magic time to apply, but it is important to file with a solid application covering all the items that need to be covered and to be invested in a well-known and reliable service center or a well-thought out direct project with a strong business plan, management, etc.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no best time to apply for an EB-5. The most important is to make sure your source of funds report is detailed and carefully prepared, and you select a project that is "immigration compliant", especially in the job creation arena.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    There is no advantage filing a case during a specific part of the year. The time a case takes to be approved usually depends on the officer reviewing your case or the project that you are investing in. If you have any other questions, please do not hesitate to contact me.

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    Jin Lee

    Immigration Attorney
    Answered on

    It is extremely difficult to forecast the processing time for EB-5. If you would like a fast processing, it will be a better approach to choose a project that has some approval on their I-526 petitions. Once a project gets I-526 approvals, it tends to get faster to get the approval for the pending petitions. Please kindly give me a call or email to discuss further.

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