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What is the adjudication timeframe for a regional center EB-5 application with expedited processing?

I am from India and filed for EB-5 in November 2018. The regional center which I applied to informed me that it has filed for an exemplar I-924 with an expedited processing request in August 2018. How can this speed up the processing of my EB-5?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your regional center should be able to provide some guidance here. Even if an exemplar has been filed and expedited, USCIS is not obligated or bound to expedite any other or future cases.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Unless you are part of the eventual exemplar expedited processing request, the processing time frame for you as an India national may still apply to your petition.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If the RC gets approved for expedited processing, it is possible an I-526 can be approved in as little as 90 days, but unlike the actual premium processing service, there is no guaranteed timeline.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The regional center should know.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Anyone can request expedited processing, but it is not clear whether USCIS will grant this in any particular case. Present adjudication time is about 12 to 24 months.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There is no question that expedited processing is a good thing. If the regional center does get their I-924 exemplar approved with expedited processing, then your I-526 will also be adjudicated on an expedited basis. That said, you should never pick a project based solely on its potential to be processed on an expedited basis. The exemplar being approved does not mean that the jobs you need for your conditions to be removed are assured to be created. You need to get comfortable that the 10 jobs you need to be allocated to your application have a good chance to be created or are already created. Second, and may be more importantly, you need to get comfortable with the project itself, especially from a return of the investment probability standpoint. You could end up getting your green card on an expedited basis but not necessarily your investment back. Provided that the jobs and the project's soundness checks, then there is no reason not to proceed with it. Last, but not least, keep in mind that sometime this summer, India is expected to enter retrogression just like China and Vietnam is now. If that happens, even if your I-526 is approved it might not mean much, as you would not be able to proceed to obtain the conditional green card until your date becomes current.

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    Phuong Le

    Immigration Attorney
    Answered on

    It really only applies to you if the expedited processing request was actually granted. Even then, it may only apply if the expedite applies to the underlying I-526 petitions as well as the I-924 exemplar itself. Double-check with the RC.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If USCIS approves the expedite processing request, then investors' I-526 petitions should be adjudicated on an expedited basis.

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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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    Dale Schwartz

    Immigration Attorney
    Answered on

    I doubt if there is anything you can do to speed it up.

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    Charles Foster

    Immigration Attorney
    Answered on

    If a regional center has filed for an exemplar I-924 with an expedited processing request in August 2018, if it is approved, then your individual EB-5 petition on Form I-526 filed in November 2018 could be adjudicated faster than the regularly-filed I-526 petitions. This assumes, of course, that the exemplar I-924 with a requested expedited processing will in fact be approved. I should also note that if visa numbers are not available, even if your petition is approved earlier, it may not necessarily speed up the process.

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