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How can we require to expedite the processing of EB-5 visas?

Is there a way to expedite 30 EB-5 visas within the next 30 to 60 days for a U.S. company that will move workers and its operation from China? The company has a commitment of $30 million in investment from China. What is the typical turnaround to secure an EB-5 visa from USCIS? If there is a way to expedite the applications, what is the typical time frame?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There is no way to expedite an EB-5 application. You might be able to get a U.S. senator or congressional representative to help you try. They are currently taking 24 to 30 months to approve EB-5 cases. Also, the quota from China is behind several years.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    There is a way to expedite EB-5 visa petitions in certain circumstances, both for individuals and entire EB-5 projects, but you must meet the expedite criteria on the USCIS website, which includes the following. Urgent action is not the result of the petitioner's or applicant's failure to file the benefit request or the expedite request in a reasonable time frame, or respond to any requests for additional evidence in a reasonably timely manner. There is also Department of Defense or other public safety or national security interests. My experience, though, is you will not be able to get all the petitions approved in 30 to 60 days. USCIS will generally act on the expedite request within 45 days. If granted, it generally means they will get the I-526 petition on an adjudicator's desk within 45 days. They do not expedite the security checks or review of the case itself. All they do is move it ahead in the line. Our experience is that expedited I-526 petitions can take from 45 days from the time the request is granted to nine or 10 months. The expedite also does nothing to address the visa backlog. If there is a backlog, which there is for China, the expedite does not actually help. You will get the I-526 petition approved quickly, but you will not get the investor and his/her family visas any faster. In fact, because you can subtract the processing time from the age of a child at the time a visa becomes available, longer processing times would give someone from China more protection from having his or her children aging out. More importantly, there are other visa options for moving a business and its workforce to the U.S. You may not be able to get every single employee, but you can get executives, managers and certain essential employees. It sounds like you need a comprehensive immigration strategy. I recommend you contact an experienced and creative immigration law firm that deals with complex employment based immigration.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    As far as I know, this is not possible. There is a way to expedite I-526 petition approvals. The retrogression cannot be bypassed, however. You might be better of seeking another route rather than EB-5. EB-5 is not the only way to transfer workers from China to the U.S. You should engage a competent immigration attorney who could advise you on your options.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    If you meet the expedite criteria.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The current processing time for the I-526 petition for immigrant investor is approximately two to 2.5 years. Once that is approved, the EB-5 investor will be able to proceed with immigrant visa processing at the U.S. consulate, if the visa numbers are available. If the EB-5 investor is a Chinese national, there is a waiting period until the priority date is current and visa numbers are available (due to a high volume of investors from that country).

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Processing times for I-526 is about two to three years. Today, there is no way to expedite.

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    Charles Foster

    Immigration Attorney
    Answered on

    There is no way you can count on expediting the EB-5 adjudication and it could take two years or longer for same. Also, if the investor is born China then there is also a lengthy backlog under the quota for 10 years or longer.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is hardly any chance that an EB-5 will be expedited under this unique set of facts. Generally, EB-5 by nature does not operate expedited processing, talk less of expediting "30 EB-5 visas within the next 30 to 60 days." In this type of scenario, EB-5 may not even be appropriate. A commitment of appreciable investment from China is not enough reason to grant an EB-5 visa. Currently, the waiting period for an EB-5 petition I-526 from China is extremely long, more than any other country. However, there are other visa possibilities, although they are mainly non-immigrant in nature that can be used to bring the employees in as the company sets its branch office in the U.S. and then gradually bring its employees into the U.S. Advisably, consult an immigration attorney in this regard to consider your options.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Not likely at all. Usually two to three years and longer if from China because of visa backlogged. Even the one regional center which has been approved for expedited processing gets its I-526s approved in six months rather than two years, then the visa process starts only if the priority date is current.

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