How can I apply for expedited processing for my EB-5 application? - EB5Investors.com

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?

Answers

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Phuong Le

Phuong Le

Immigration Attorneys
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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

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

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