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How do EB-5 NVC processing times compare to other visa types?

Given visa availability, does the NVC processing time to case completion of an EB-5 petition vary when compared to other visa types, based on factors such as country of chargeability or other factors?

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    National Visa Center (NVC)processing for immigrant cases with current priority dates (i.e., those with immigrant visa numbers immediately available) can take three to six months. If the priority date is not current, then NVC processing usually is delayed until the immigrant visa number is available or nearly available.

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    Charles Foster

    Immigration Attorney
    Answered on

    The key to processing time depends upon various factors. First of all, you have the processing time for adjudicating the initial EB-5 I-526 petition, which is currently taking an average of 14 months. Depending upon your other grounds of eligibility, for example through employment or through family, it may take more or less time. You also have additional time issues depending upon whether or not you are filing for adjustment of status based upon the fact that you are already in lawful status in the United States or you are applying for an immigrant visa abroad. Even there time will vary depending upon the consular post or embassy abroad that has jurisdiction of your case and that will depend upon your country of nationality or the country of your permanent residence. Finally, there could be significant differences depending upon whether or not there are any backlogs under the quota.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    I believe what you are asking is regarding the processing time of consular processing for the immigrant visa after the EB-5 petition is approved versus consular processing times for immigrant visa processing through other basis of petitions that are employment-based or family-based. The processing times at this stage would vary based on each consulate's backlogs, not by the underlying type of petition. This can vary from six months to over a year.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It does not seem to be any faster or slower than other cases going through the NVC once the I-526 is approved.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    At the present time the only country that has a quota waiting line is mainland China. Therefore, Chinese cases cannot be worked to completion until their visa numbers are available. All other nationals are treated exactly the same in all other categories.

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