Most U.S. immigration options are risky and uncertain, and until recently, the United States Immigrant Investor Program (EB-5 Program) has since 1990 been a reliable, relatively straightforward path to a U.S. green card.
Recent delays in Form I-526/ I-526E petition (EB-5 Petition) and immigrant visa processing by United States Citizenship and Immigration Services (USCIS), usually takes longer than two years to complete.
Many investors are concerned that, during this waiting time, their children will turn 21 and become ineligible for the EB-5 Program.
Investors who opt for investment in EB-5 projects may be able to shorten their EB-5 Petition processing times to months, instead of years, by applying to USCIS for EB5 expedited processing and an expedited EB-5 status.
In this article, we will cover everything you need to know about expediting your EB-5 Petition, including the benefits of doing so and how to go about the process.
What Is an EB-5 Expedite Request?
This process involves submitting a request to USCIS to expedite an EB-5 related petition or application. EB-5 expedite requests require a high burden of extensive evidence demonstrating a worthwhile need to speed up the review process, and they are granted at the sole discretion of USCIS. Despite this extra effort, approval of the request can greatly reduce the processing time to months instead of years..
Key Point: What Is an I-526E Petition?
An I-526E petition is a key step in the EB-5 Program, whereby foreign investors seek U.S. green cards through investment. It shows that an investor has invested the required funds into a qualifying project and that this investment will create jobs for U.S. workers.
The U.S. government reviews the petition to determine if the investor meets EB-5 Program criteria. If approved, the investor can move forward and eventually obtain a conditional green card. The I-526 petition is the first step in this immigration process.
Under what circumstances can an EB-5 Expedite Request be approved?
Expedited case processing involves receiving a decision from USCIS sooner than the standard processing time. TS.USCIS reviews EB-5 expedite requests o a case-by-case basis, and approval is granted at the discretion of the service center director. Only a petitioner or their attorney may make an expedite request. The service center director will approve the request if one or more criteria exists, and that approving the request will help the situation or avoid a negative outcome. These criteria are:
- Severe financial loss to an individual or the company;
- An extreme emergent situation (danger of human rights violations or persecution);
- A humanitarian situation, (pressing medical or health-related need);
- Nonprofit status of an organization that furthers the cultural and social interests of the U.S.;
- A Department of Defense or national interest situation;
- USCIS error; or
- Other compelling USCIS interests.
We recommend that you work closely with an experienced immigration attorney, who can guide you through the process, help you prepare a compelling argument, and ensure that you meet the necessary criteria.
The Benefits of Expedited EB-5 Status for Investors
- Expedited processing allow investors to enjoy U.S. resident status sooner, by allowing for their EB-5 Petition to be approved in months rather than years.
- Immigrant investors from oversubscribed countries, such as China and India, can avoid backlogs due to visa retrogression, and may obtain their immigrant visas much sooner.
For more information about EB5AN’s existing EB-5 projects, schedule your free consultation with us, or email info@eb5an.com.
