I would like to get my permanent green card as quickly as possible. I have heard that sometimes EB-5 visa applications can be expedited. When can an EB-5 application be expedited? How long does it normally take to get an EB-5 visa, versus getting one with an expedited application?
Regrettably, there is no such thing as expedited EB-5 application processing. The idea had been proposed and pushed for by the immigration professionals, particularly the immigration attorneys' group(s), but never adopted by the U.S. Citizenship and Immigration Services.
Under certain circumstances, the EB-5 investor''s I-526 petition can be expedited. For instance, the investor showing that it would be in the best interests of the national economy to approve the investor''s petition so that the investor''s funds can be used quickly to financially support the project. The I-526 petition can be expedited, but the applications for the conditional permanent residency cannot be expedited.
Under normal circumstances, an EB-5 application cannot be expedited. However, the general USCIS expedite policy also applies here, which states a particular petition can be expedited, if it meets the following criteria: Severe financial loss to company or individual; Extreme emergent situation; Humanitarian situation; Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States; Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government); USCIS error; and Compelling interest of USCIS.
The USCIS has very specific and limited expedite criteria. Most EB-5 petitioners cannot meet these criteria and so, it is very rare that an I-526 is expedited.
Expedited processing is not available for EB-5 visas (I-526 petitions).
Here are the expedite criteria: *Expedite Criteria* All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows: -Severe financial loss to company or individual -Extreme emergent situation -Humanitarian situation -Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States -Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government) -USCIS error -Compelling interest of USCIS. Not so easy to obtain - current processing anticipate at least one year to get an approval, although some projects with prior approvals seems to get processed in about six months or less.
Expedite is not an option at the first stage. At the second stage with an age-out child you may be able to expedite.
There is no premium processing or some established way to expedite the I-526 with USCIS. Their normal processing time posted currently is 13.8 months. A request to expedite a case may be submitted with significant health or financial detriment documentation, but it is a significant hurdle and purely discretionary by USCIS.
The normal processing time is currently 12-14 months, but only in very specific circumstances could a petition be expedited. USCIS has designated a procedure for doing so, but please consult with an attorney before taking on this task.
Applications are expedited extremely rarely, as the criteria is very strict, and requires proof of a severe financial or humanitarian emergency situation. Also, there is no way to expedite to a "permanent green card" immediately. You must first get a conditional green card approved, go through the conditional residency period (approximately 2 years), and then file to remove conditions.
The premium process to expedite application is not currently available for EB-5 applications due to USCIS concerns. Currently, we are recommending people a conservative estimate of 24 months for their applications and to plan accordingly.
Not to my knowledge. Premium processing has been discussed for years, but never implemented. I would fire on at least 12 to 16 months for an answer.
Add your comment
Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.