Questions and Answers > EB-5 Investments

How can I check if an EB-5 project is approved as an "expedited" project?

How can I double check if an EB-5 project is approved as an "expedited" project? Some EB-5 agents are saying this in their letter: "For expedite requests relating to the EB-5 Immigrant Investor Program, USCIS may grant expedited processing of filed I-526 petitions where the investment decision has been made but does not grant expedite requests for as yet unfiled I-526 petitions. An expedite request is not met to confer a commercial advantage to projects in recruiting investors. Also, because of investor oversubscription, there is a long waiting period for the adjudication of I-526 petitions and it would be unfair to those I526 investors to grant expedited processing for adjudication to as yet unfiled petitions where those potential investors may not have yet been solicited." Is this correct?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 26, 2021

  Yes, it is correct, and the process of who gets expedited and when is haphazard, inconsistent and generally unfair.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on May 25, 2021

  USCIS has specific criteria for expediting individual petitions/applications, including I-526 petitions. The expedite decision is made by USCIS on a case-by-case basis. The processing of all I-526 petitions in a particular EB-5 project does not appear to comport with USCIS expedite criteria. Also, USCIS does not pre-adjudicate petitions, but it does afford deference to prior approvals and to exemplar-approved projects, absent certain exceptions. The processing time is a different matter.

• Linda Liang

  Immigration Attorney

  Answered on May 25, 2021

  You can ask them for proof, such as the notice from USCIS.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on May 25, 2021

  The project has to show you their approval. What you quoted says very little and says nothing about the project in question.