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Questions and Answers > EB-5 Investments

How long does an Indian EB-5 applicant need to wait for I-526 approval?

I am from India. My EB-5 priority date was Nov. 9, 2018. When do I expect my I-526, it has been 30 months (2.5 years) already. When i started this application it was quoted as 14 months for I-526.

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Answers

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Processing times change constantly. Currently showing 30-54.5.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    USCIS posts average processing times that reflect a wide time range. Most of the petitions/applications are adjudicated at the lower end of the range. Since there is no immigrant visa number cut off date for Indian-born EB-5 applicants, your I-526 petition should be adjudicated based upon the "visa number availability" approach used by the Immigrant Investor Program Office. If you do not receive an adjudication (approval, RFE, or NOID) within the lower end of the time range, you could email the IPO for a status update. You likely will get a response, if at all, that says your petition is pending adjudication. The processing time when you filed the I-526 petition does not control and is no longer relevant because it only addressed inventory and processing times for previously-filed I-526 petitions. In other words, the posted average processing time when you filed your petition is not a good predictor of actual processing time.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    It is taking at least 38 months. The USCIS is severely backlogged because of the COVID-19 Pandemic. When you were told of the processing times in 2018, nobody could have predicted COVID-19 and its impact on processing times.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    We are seeing a lot of decisions come in around that 30-month mark, but there is a lot of inconsistency. Be prepared for a lot more waiting. Consulates are not processing IVs and USCIS is taking 2+ years to adjudicate AOS based on EB-5. Or prepare to file a federal complaint.

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    Linda Liang

    Immigration Attorney
    Answered on

    There is no difference in adjudication for countries. For processing time, you should go on www.uscis.gov and find processing time for EB-5.

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    Rani Emandi

    Immigration Attorney
    Answered on

    2.5 to 3.5 years on average.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The current processing times for I-526, according to published info on the USCIS website, is 30 months to 48.5 months.

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    Phuong Le

    Immigration Attorney
    Answered on

    Indian EB-5 investors have to wait in the same line as everyone else. Worse comes to worst, I think your best, most realistic shot is filing mandamus to force adjudication.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    2-3 years is the average time.