The EB-5 Reform and Integrity Act of 2022 (the “RIA) was signed into law in March 2022. This significant update of EB-5 program policies introduced new incentives for investing in rural projects.
Under the RIA, EB-5 investors in rural projects are entitled to priority processing of their USCIS petitions. This includes Form I-526E, the initial application for an EB-5 Green Card, and Form I-829, which removes the conditions on an investor’s Green Card.
However, for months after the RIA was signed into law, there were no processing statistics indicating how fast priority processing would be.
Now, about 18 months since the RIA came into effect, many EB-5 investors in rural projects have received Form I-526E approvals in less than 12 months.
Given the historically long processing times for Form I-526E, an adjudication period of under 12 months is remarkably fast for the EB-5 program.
Moreover, these rural projects have received USCIS approval through Form I-956F. This proves their full compliance with the new policies of the RIA.
In this post, we examine how priority processing works for investors in rural EB-5 projects—and how you and your family may be able to get U.S. Green Cards in a matter of months, not years.
Fast I-526E Approvals for EB-5 Investors in Rural Projects
Several investors in rural projects under the RIA have now had their I-526E petitions approved, clearly demonstrating the benefits of priority processing. For example, one recent investor in a rural project submitted Form I-526E in August 2022 and received USCIS approval in July 2023—a processing time of only 11 months.
Rural EB-5 Investors Get Significantly Faster Petition Processing
How much faster is priority processing for rural EB-5 investors compared to the standard processing times? Consider the adjudication data for I-526 petitions available on the USCIS “Check Case Processing Times” page as of September 19, 2023.
(The RIA introduced two separate EB-5 petitions: Form I-526E for investors in regional center projects and Form I-526 for direct investors. The vast majority of EB-5 investors choose regional center projects and thus file Form I-526E. While USCIS has not yet included I-526E processing data on its page, the historical processing data for Form I-526 demonstrate the value of priority processing.)
USCIS reports that 80% of all I-526 petitions are processed within 55.5 months—over four and a half years.
If we assume that an I-526E application will take 11 months to be adjudicated, this would represent a significant 80.18% reduction in the processing time.
A shorter I-526E processing period can be very beneficial for EB-5 investors.
EB-5 investors often want to immigrate along with their dependent children. If an investor’s children exceed the age limit of 21 by the time the investor’s petition is approved, they may no longer qualify as dependents.
Moreover, investors are usually eager to pursue their career or academic plans in the United States, which may no longer be available after an extended I-526E processing period.
Rural Priority Processing for Chinese and Indian Investors
While priority processing applies to all new investors in rural projects, regardless of nationality, Chinese and Indian nationals have an additional reason to invest in a rural EB-5 project.
EB-5 investors from countries with a backlog of EB-5 petitions face many years of additional processing times. China and India are both currently backlogged, and other countries like Vietnam are also experiencing a high volume of EB-5 petitions.
This means that Chinese and Indian investors who choose a rural project can avoid the additional processing times and even get priority processing.
While pre-RIA investors face years-long delays, new Chinese and Indian applicants could get U.S. Green Cards in less than one year.
However, there is a limited supply of set-aside visas. The rural category, with 20% of the yearly visa pool, is the best way for Chinese and Indians to avoid additional delays.
How much faster could Chinese and Indian investors get a Green Card by investing in a rural project?
The USCIS “Check Case Processing Times” page reports that 80% of I-526 petitions from China are processed within 84.5 months.
Assuming a rural I-526E petition is adjudicated in 11 months, this would represent an impressive 86.9% reduction in the processing time for Chinese investors.
Concurrent Filing—Get an EAD and Travel Permit Fast
While rural projects offer unique immigration benefits, it’s still important to research each option carefully. This will increase your chances of getting both a Green Card and a return on your invested funds.
EB5AN is pleased to offer two best-in-class rural EB-5 projects: Twin Lakes Georgia and Wohali Utah. Both projects offer a high level of immigration and financial safety.
We invite you to watch our interview series with recent investors in our projects.
