Questions and Answers > EB-5 Investments

How long does an EB-5 application take to be filed and accepted?

We were interested in applying for the EB-5 visa last year. However, due to other commitments, we could not finish our application. We are still interested in applying, but a member of the family is turning 21 in early 2017. Due to that, we would like to know how long an EB-5 application usually takes to be filed and accepted?

Answers

• Jimena G Cabrera

  Immigration Attorney

  Answered on February 29, 2016

  It will depend in two factors: 1) whether you want to do a direct investment or invest through a regional center, and 2) if you have the source/path of funds documented and ready to go. Usually documenting the source of funds is time-consuming and translating those documents is also a factor to take into consideration. On the other hand, regional centers have projects that are accepting subscribers right now. You need to do your due diligence and choose a regional center and project that is right for you. Professionals with experience in this matter will be able to help you choose one in a timely manner. When you have a child that is about to age out, we recommend filing the petition as soon as possible and before the child turns 21. I believe that if you start the process now, you will be able to file well ahead of early 2017.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 26, 2016

  Preparing the application and supporting documentation depends on the source and path of funds and the cooperation of the EB-5 project. You goal here is to file as early as possible. Yes, you can file at any time before the child turns 21, but the sooner you can file the better it will be. Please work with an immigration attorney to facilitate the process. It is better to file an approvable case than to rush to file something that may have issues.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on February 24, 2016

  We would need to know precise dates - the time the petition is pending can be deducted from the child's age - and can ordinarily prepare and file in a few weeks. This may be doable unless you were born in China, as the China wait line is longer.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on February 24, 2016

  The issue of processing time depends on a host of reasons, but lately it is largely due to visa availability rules. With regards to EB-5, a major determinant is the country of the applicants. For instance, applicants from China are experiencing delays as visas are not immediately available to them, unlike other countries. In fact, there is an indication that visas for Chinese applicants are over two years behind. For a better analysis of how your application will fare, it is advisable to consult an EB-5 attorney to discuss how applications specifically from your country are currently being handled.

• Lynne Feldman

  Immigration Attorney

  Answered on February 24, 2016

  The I-526 stage is 6-14 months depending on what type of case it is.

• Vaughan de Kirby

  Immigration Attorney

  Answered on February 24, 2016

  Once all your source of funds documentation is available and all regional center documents are available and signed, the application can be filed. Note that the age of the family member that is turning 21 is frozen during the application period. There should not be a problem unless the applicant is from China. I recommend you immediately follow through with your investment immigration attorney on all of these questions.

• Gregory Romanovsky

  Immigration Attorney

  Answered on February 24, 2016

  It is still possible for your child to be included as a derivative in your EB-5 case, but you need to act as soon as possible.

• John J Downey

  Immigration Attorney

  Answered on February 24, 2016

  Presently, USCIS is stating about 14 months.

• Stephen Bander

  Immigration Attorney

  Answered on February 24, 2016

  If you or your husband are born in a country where the priority date for an EB-5 petition is current and the EB-5 petition is filed any time before your son turns 21, your son is protected under the Child Status Protection Act and the USCIS processing time becomes irrelevant to your son obtaining a green card. Nevertheless, dates of an EB-5 petition approved on Feb. 10 filed by my office show that USCIS is taking approximately 16 months to make a decision.

• Ian E Scott

  Immigration Attorney

  Answered on February 24, 2016

  I-526 applications are taking 12-14 months to adjudicate. We just had an approval at around the 11 month mark, but that is not common.