I would like to use the EB-5 program to have my children start school in the United States in August 2015. Are processing times different when investing through a regional center versus a direct investment? How can I ensure that my children will be able to start school in August 2015 using the EB-5 visa?
There is no guarantee that your petition will be adjudicated by that time, although direct investments are, generally, processed faster. You may want to consider getting your children an F-1 and then going through an adjustment.
It might be strategically beneficial for you to consider a student visa for children. Processing times may not be guaranteed, but USCIS regularly publishes average processing times. They may range from as short as two months or as long as one and a half years on individual cases. Then the consular process takes about three to six months on average for you to come to the United States on an immigrant visa and become a conditional permanent resident in the United States. Direct investments or smaller regional center projects with excellent track records may be processed quicker, but no one may guarantee you a specific amount of processing time, as it depends on the order petitions are received by USCIS and the caseload of USCIS.
You cannot ensure the processing time; you can only predict what the likely processing time will be. The immigrant investor program office, along with other USCIS offices, posts its processing times every two weeks or so. The current average processing time for an I-526 petition is 13.2 months. It could be shorter or longer, but you cannot count or plan on it being shorter. In other words, you should be prepared for the worst. This means that your I-526 petition could take longer than 13.2 months. After the I-526 is approved, there still is a ways to go. You have the NVC process, which itself takes several months, before the immigrant visa interview can be scheduled. Assuming everything goes smoothly and your immigrant visas are approved, you could immediately travel to the United States and enter as conditional lawful permanent residents. It is unlikely that this process would be completed before August of 2015 unless you get lucky with the processing times. There is no measurable or predictable difference in processing times between a regional center investment and a direct investment.
In my opinion, choosing the right regional center can make a difference. A direct investment may offer faster processing times. But each project, as well as each investor''s case, can face different challenges at USCIS. It would be wise to consult with an experienced immigration attorney to find an alternative strategy to have a backup plan to allow you and your family to be here while you await issuance of the approved EB-5 petition. Thus, if you and your family can pursue your green card application in the United States (through a process called Adjustment of Status), then it may be more convenient than processing overseas at a U.S. Consular Section. Even if your EB-5 petition is swiftly approved (i.e. in four to six months), processing through a U.S. Consular Section could take many months as well.
There does not seem to be any clear indication that direct or regional center EB-5 investments are different in terms of processing times. Since I-526 processing times are estimated at 13 months, and it will take an additional several months for U.S. consulate processing, an August 2015 entry date would be a significant challenge.
Due diligence will have to take place immediately so that you can make an informed decision about the business viability of the project. There is less preparation on your part for a regional center project and filing of the I-526 petition. If you, as the investor, start the petition process now, you will be able to file the petition and wait usually for the approval in 12 months (plus or minus), before you and your family obtain your conditional permanent residency.
You cannot. Current processing is 13.4 months for first stage - add another three to four months minimum.
Thank you for your inquiry. Unfortunately, there is no way to "ensure" that your kids will get their permanent resident status by August 2015. But if you start the process now, it is very realistic.
Considering that August 2015 is only 12 months away, there is no guarantee that this wish can come true because it takes several months to get approval for the EB-5 visa right now. The only thing that makes a difference in filing is actually how well an application is put together. There is no preferential treatment for processing times for either a regional center or a direct investment application. In essence, either process can result in Request for Further Evidence which can affect processing times. Speaking from experience, there are other education-related visas that can be obtained for beneficiaries, such as children, to be in school while their parents'' EB-5 visas are being processed. Consider one of those education-related visa options while the EB-5 visa is pending. Advisably, consult an EB-5 attorney on your plan; even though you have a reasonable expectation, you need to plan for fall-back alternatives as well.
The best way to ensure your children will be able to start school in August 2015 is to file your EB-5 petition as soon as possible. Some practitioners believe that direct EB-5 is processed faster.
Processing times are faster through a direct investment, but it may take longer to set up and invest the money, whereas investment in a regional center simply requires a wire transfer and documents to prove lawful source of funds. If you start your application now your children should be able to start school by August.
Unfortunately there is no certainty with USCIS. Current processing time are a bit over 12 months, with the expectation that processing times will slowly start to decrease. It is believed that direct investment receive faster processing time, as direct investments do not require the review of an economic impact report; however this position has been denied by USCIS continuously. As an investor looking for certainty, I would review both direct and regional centers projects that have already received I-526 approval. I would also widen my search to look for projects that have received expedited approval by USCIS.
There are no guarantees unless you are buying a refrigerator. USCIS says that it gives priority to regional center proposals.
As the processing times are averaging 13-plus months, there is very little chance that you could enter by August 2015 for your child to start school, unless you work with a regional center that could give you a spot in one of the approved projects. And if your immigration lawyer has experience in putting together the I-526 petition package so tightly that you could get approved without RFE on source of funds.
