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How long does it take to prepare an EB-5 case?

I want to submit my EB-5 case before the required investment increases in November. However, I haven’t started this process yet. I want to know how fast a case can be prepared and whether or not I can still make the November deadline if I start now. If I can’t get every document ready before Nov. 21, can I submit the I-526 form first, get a receipt and a priority date, then submit additional documents to support my case?

Answers

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You need the investment done by that date and we prefer documents to be complete, but we can discuss what you might not have.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, your EB-5 petition can still be prepared and filed timely provided you can timely provide your source of funds evidence. Normally, it takes more time to prepare a direct EB-5 petition.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There is still time, but you will have to get started soon. If you invest in an approved regional center, they prepare the business plan and most of the documents you need. But if you are investing in a private company, you will need to have a business plan prepared, and that may take a while.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The time required to prepare a case depends on the particulars of a case. We have prepared some cases in two weeks and some take four months or more. Some documents can be submitted after the initial filing, but not all. Your attorney will be able to guide you.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The remaining time is still enough to prepare and submit a petition before Nov. 21, 2019. Advisably, work with both your attorney and the regional center. Also, you should work hard and faster in assembling your supporting documents.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is best to try and file a complete case if possible. We have prepared a case start to finish in 48 hours, but many require a few weeks, especially if permission is necessary to legally comply with your home country's exchange control rules.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    It all depends on the strength of your source of funds. You need to engage an immigration attorney. At the same time, you need to identify an EB-5-qualified project. Once you have decided on the attorney and the project you will invest in, then the work involves documenting your source of funds. You also will need to have the investment and related fees ready. Most regional centers will require you to deposit the funds in the escrow before they will accept you to their fund. You should certainly be able to make the Nov. 21 deadline if you start now, unless you have a very complicated source of funds case. We do not recommend skeletal filings. This is because on July 13, 2018, USCIS posted a policy memorandum (PM-602-0163) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition or request without first issuing a request for evidence (RFE) or notice of intent to deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. This updated guidance was effective Sept. 11, 2018, and has applied to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date.

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