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When is an EB-5 application considered to be outside normal processing times?

My I-526 application was filed under direct investment in August 2014 and not through a regional center. It has now been over 16 months, and I have received no news from USCIS. Are direct investments supposed to be quicker than regional center EB-5 applications? When is an application considered to be outside the normal EB-5 processing times?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Average processing times are posted on USCIS.gov. If your petition has been pending over 16 months, contact your attorney who can make an inquiry with the USCIS EB-5 office regarding your case, or you can inquire yourself.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It is not true that a direct investment case rather than through a regional center is processed quicker. All cases must be reviewed on the documentation of the business as well as the source of funds tracking. Thus, how good your case's documentation is will affect how quickly your case can be adjudicated when the officer starts to review the case. Also, USCIS states that all the cases are assigned and reviewed first come first reviewed. The current processing time for all I-526s is showing as 12+ months, now shortened from a month ago of 15+ months. Now that your case is clearly beyond the normal processing times, your attorney could make an attorney inquiry stating that your case is way beyond the normal processing time. Please note, however, usually when such an inquiry is made, USCIS tends to issue a Request for Evidence asking for additional documents on your case.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Go to USCIS processing times on USCIS.gov, which is presently averaging 12.8 months. You can inquire.

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    John J Downey

    Immigration Attorney
    Answered on

    Actually, USCIS says that regional center proposals are given priority. Right now they are listing 15 months as their current time for processing. They are probably overloaded because of the scare everyone had thinking they would change the program as of Oct. 1; of course they did not. I am afraid you may have to wait almost another three or four months before you receive any notice.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If the case has been pending longer than the currently posted processing time by USCIS, it would be safe to begin inquiries as to the status of the case. 16 months would be over the currently posted times. As for direct versus regional center investment processing times, USCIS does not split these processes when calculating the averages.

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    Ian E Scott

    Immigration Attorney
    Answered on

    16 months for processing an EB-5 application is longer than the average, but not outside "normal" processing times.

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