+1-800-997-1228
Questions & Answers

How accurate are USCIS EB-5 average processing times?

I am an EB-5 investor from India. My petition is still under initial review, but should already have been processed, as per the listed average processing time on USCIS website. What should I do? How accurate are USCIS average EB-5 processing times?

Answers

  • Avatar

    Elana Laverty

    Immigration Attorney
    Answered on

    Unfortunately the USCIS average processing times are not very accurate and change on a monthly basis. The average processing times listed are just an average or an estimate and should not be relied upon. If your case has been pending for more than the average time listed, you are entitled to inquire in regards to your case. Please note that when inquiring about your case, you will not usually receive a definite answer.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    The processing times are an approximate and do very much vary depending upon the particular officer reviewing the material, and also the regional center and completeness of material.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    If your waiting time, counting from your priority date (shown on your I-797 Notice of Action) has exceeded the processing time posted on USCIS'' website, you or your attorney should contact USCIS and make a service request to have your petition processed.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    They are indeed averages, and many cases are taking much longer than those averages to process. Inquiries can be made, but there is no guarantee that you will receive a definite timeline.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    Not all that accurate. It is an average. Check your receipt number and you can inquire at their offices in Washington, D.C.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The normal processing time is an average processing time. This means some petitions get approved within shorter times and some longer. If the petition has been pending more than 30 days beyond normal processing times that USCIS provides, you could make an inquiry. But recently such inquiries were replied to with a basically, "the normal processing time is an average one and we are working on getting to the petitions as quickly as we can" kind of message.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    You can continue to make inquiries, and if you do not hear or receive any notifications from the USCIS, and it is beyond the normal processing times, then with the assistance of an experienced EB-5 attorney, you may bring a legal mandamus action against the EB-5 project. The mandamus action will request the Federal Court to force the USCIS to make a decision on the petition that was filed.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Your immigration attorney who prepared and filed your I-526 petition should be able to make inquiries with USCIS EB-5 unit if the processing of your I-526 is delayed.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The average probably is very accurate. The problem is that some cases are processed faster and some cases are processed slower than the average. Your petition clearly is in the latter category, but that does not mean that the average is not accurate. Once a petition goes beyond the normal (average) processing time, you can make an inquiry by email to the Immigrant Investor Program Office. They usually respond quickly with an email giving you the status of your petition (e.g., "your case is with an officer for adjudication," or "your case is beyond the normal processing time and we are working on it, sorry," etc.).

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Reasonably accurate, but it partly depends on which regional center you have invested in or, if it is your own project, the strength of the submittal.

  • Avatar

    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    Processing times for EB-5 visas are pretty accurate. According to the September report it is currently taking 13.5 months to process the I-526 petition.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.