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What is the quickest way to receive EB-5 application approval?

Are there certain scenarios where the total EB-5 processing time is shorter than others? For example, if a business is already established in the United States employing 10 people, will this speed up the EB-5 process for the foreign owner? What is the absolute quickest way to receive EB-5 application approval?

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The USCIS claims to have a First-in, First-Out (FIFO) case processing procedure and it seems to try to follow that procedure. In my experience, however, there definitely are cases that get processed faster than others. Typically, for a regional center, the I-526 petitions filed later get processed quickly when earlier-filed petitions for the same project already have been approved. There is no guarantee that a clean case ($1 million investment with 10 full-time jobs already created) will be identified as such in a "triage" type review. Sometimes, these clean cases just get put on a shelf or ignored, and other cases processed earlier without any rational basis for such treatment. It may depend upon the officer's workload or internal USCIS IPO training/workload issues.

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    Ed Beshara

    Immigration Attorney
    Answered on

    To have USCIS pre-approval and exemplar pre-approval of the EB-5 regional center project. Also to have an experienced EB-5 immigration attorney who has the expertise to coordinate the preparation of the EB-5 project documentation and the source of fund documentation.

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    John J Downey

    Immigration Attorney
    Answered on

    I have not found any method to be faster than any other. We are dealing with a bureaucracy.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    There are no specific expedited processes for I-526 petitions. Direct EB-5 cases may be adjudicated quicker than I-526 petitions associated with larger regional center projects in our experience. However, we have seen I-526 approvals associated with regional center projects in as little as under two months as well when the average processing times have been 12-14 months.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Caution: To be EB-5 eligible your investment must be in a "new enterprise." If a business already is established in the United States, it may or may not qualify as a "new enterprise." Check with an attorney to determine if the business is a "new enterprise." Nevertheless, only a distressed business may count current employees. Answer: Generally, it will be quickest to invest in a regional center with an approved project.

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    Raja S Gill

    Immigration Attorney
    Answered on

    In some cases, direct investment petitions may move faster than regional center investment petitions. In most cases, your investment must result in the creation of 10 new full-time, permanent jobs.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Some say that a project that has already received I-526 approvals or was pre-approved by USCIS may result in faster I-526 processing times, but there really is no way to tell at this time. There is no smoking gun, magic bullet, etc. that will get the petition approved faster.

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