When does EB-5 job creation legally start counting? - EB5Investors.com

When does EB-5 job creation legally start counting?

Does the time to create ten full-time jobs start from the date of submitting the application to USCIS, or the 24 months after having received the conditional residence? I believe these rules have changed from before 2022. I have been waiting for the approval of my EB-5 application since October 2019. When I applied, the website said 24 to 32 months. For those who are applying now, it seems to be 3 to 6 months. Isn’t this unfair? Is there any legal action I can take to seek justice?

Answers

Matthew Kolodziej

Matthew Kolodziej

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Normally for direct investments the jobs should be created after the investment has been made and within a year after filing of the I-829. For many projects with bridge financing, the jobs might have been created before. Normal processing times are still very long, but new rural cases are subject to priority processing and might get approved in 6 months, but your case would not benefit from this. Case types with priority dates that are far away do not get priority.

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