I’m considering investing in an EB-5 project in either a rural or high-unemployment area (HUA) and trying to understand the current I-526E processing timelines for both.
I’ve heard that rural projects are being processed faster than HUA, with a significantly higher adjudication rate so far. However, I’ve also come across the option of filing a writ of mandamus for delayed HUA cases. Do you know if using a mandamus in an HUA case could lead to a decision within 45 days, similar to what premium processing offers for rural projects? If so, can we use mandamus for HUA after 6 months or 18 months?
Answers
Lynne Feldman
EB-5 Immigration attorneysAll good questions. We would be happy to discuss these with you after knowing details of what you have in mind.
Tony W. Wong
EB-5 Immigration attorneysUnder RIA., I-526E under rural project is prioritized for processing and the figures show that rural projects' I-526E are adjudicated faster than HUAs. A writ of mandamus may help, but it is not guaranteed even though you can try. In my opinion, I don't think a mandamus in HUA case can lead to a decision within 45 days. If you have any questions, please do not hesitate to contact me.
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