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Questions and Answers > EB-5 Investments

How can I apply for expedited processing for my EB-5 application?

How can I as an EB-5 investor from Vietnam request expedited processing of my I-526 petition so I have a chance to get it approved before the June 30 expiration date? Is this possible?

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Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is no process for that currently. In the past, when the program lapsed, USCIS has resumed I-526 processing upon reauthorization. As long as you file before June 30, you should be OK.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It just needs to be filed before June 30 unless there is a drastic change in the law.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Sorry, but no. I’m sure Congress will extend the Regional Center EB-5 program. Don’t worry.

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    Phuong Le

    Immigration Attorney
    Answered on

    Expedites aren’t tied to the country of origin. Even if you fit one of the qualifying factors (humanitarian reasons, severe loss to finances/health, national interest of the U.S.), it’s highly unlikely that it’ll be possible to prepare and submit the expedite in time so that your I-526 would be approved before June 30. With more planning, mandamus would have been a more feasible option. It may still be in play for you because it’s also highly unlikely the program will expire on June 30.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    USCIS has its expedite criteria and instructions listed on its website. Also, if your EB-5 project is a direct EB-5, then there is no June 30, 2021 deadline. The deadline applies to regional center EB-5s only. Furthermore, it is likely that the regional center EB-5 program will be reauthorized; it is just the timing that is uncertain.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The USCIS has clearly articulated expedite criteria. However, realistically, even if they approved the expedite, there is virtually no chance this would be approved before June 30, 2021. Also, the program has been extended at least 17 times and while an extension may be delayed, it seems extremely unlikely that we will not get another extension.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Even if you can build a case for expedited processing, it’s too late to get it done prior to June 30th. Regardless, having an I-526 approval prior to June 30th doesn’t benefit you; visas/adjustments cannot be processed once the program lapses.