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How can I verify if an EB-5 project qualifies for expedited processing?

I was doing my research on EB-5 projects and spotted a project in North Carolina whose regional center claimed that it was eligible for the EB-5 expedited processing. According to the regional center, an I-526 application could be approved within three to four months. Is there any way to verify this? How can investors be sure that such a project really falls under this expedited category?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Prior to believing such a claim, conduct a due-diligence investigation if you are interested in investing in the business. There are unbiased sources out there that you can consult, including any EB-5 attorney.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Before investing in these so-called "expedited I-526 processing projects," the first thing an investor should do is to study the project and make sure that, from a due-diligence standpoint, it checks. A competent immigration attorney should also be consulted to make sure that the conditional green card would follow in a normal time frame. Because if the investor's I-526 is expedited, but now he needs to wait much longer than usual to obtain the conditional green card, what good is the expedited processing?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You will need to ask the regional center to provide you documentation confirming USCIS has agreed to expedite processing. However, USCIS is not bound to expedite future filed cases.

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    Phuong Le

    Immigration Attorney
    Answered on

    If it qualifies for expedited processing, there should be a corresponding letter/order that confirms they qualify. Although rare, it is not unusual. Our firm has filed several petitions throughout the years that have qualified for expedited processing, including for the same one you are likely considering.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Yes, there is a regional center that appears to have that expedited processing because it is located in a very remote rural area. However, some of the practitioners who attended the IIUSA/AILA EB-5 Forum in Chicago last week said USCIS has been very slow in adjudication recently and they are not getting the approvals as fast as before. The problem with USCIS adjudication is that they are not bound by any particular adjudication time and if they violate the adjudication time objective, they are not penalized in any way. Thus, there is no accountability for slow adjudication or inefficiency.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    The North Carolina equestrian project is the only project that currently holds this designation.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Some projects claim they have gotten approvals in three to four months when everyone else is waiting 12 months or more. Frankly, I don't believe their claims.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Ask the regional center to send you documentation of this.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The only way is to see the actual approval, but the problem is there is no assurance that future cases will be expedited.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Contacting the regional center directly should result in getting sample documents. I may also have chatted with a representative of the project just yesterday about this. It is an interesting option for you to look into and discuss with your financial or investment advisor.

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    Charles Foster

    Immigration Attorney
    Answered on

    In order to determine whether or not in fact the USCIS has agreed to expedite a particular project, you could certainly ask the regional center to provide you with a copy of the USCIS letter making such determination.

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