Questions and Answers > EB-5 Investments

Why does USCIS require you to keep EB-5 funds invested until the I-829 filing when the I-485 is taking at least 44 months to approve?

We filed an I-526 petition about 48 months ago. Funds are being used from day one, not in escrow. Jobs have been created. We will need to file a I-485 to change of status which will take about 4 years after I-526 approval, then the conditional 2 years to file the I-829. A total of at least 6 years after the I-526 approval to be able to request funds back. Why would the USCIS allow this?

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 21, 2021

  The I-485 might not take 44 months. That is what the California Service Center is projecting currently, but processing times could come down there and if you live in a jurisdiction under the Nebraska or Texas Service Centers, the processing times are much less (about 12.5 months for most cases). Also, if you wish to start the two-year conditional residence "clock" sooner, you could do immigrant visa processing at the U.S. Embassy or consular office in your home country. You might need to file Form I-824 if you originally selected "adjustment of status" as your preferred option on Form I-526.

• Lynne Feldman

  Immigration Attorney

  Answered on April 20, 2021

  Good question to ask your Congressman. Better yet speak with Senator Leahy from Vermont as he authored the legislation and should hear these complaints.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 20, 2021

  The USCIS has not factored the delays into processing when providing benefits. It really is not fair to backlogged countries and others whose case is delayed but that is how the rules are written.