How might an EB-5 applicant and/or derivatives postpone entering the United States after I-526 approval in order to complete business, academic, or other obligations?

After receiving approval of Form I-526, EB-5 investors who are overseas and residing in their home country must undergo consular processing. The entirety of consular processing generally takes around 6-8 months and obligations of any nature (business, academic, etc.) may be completed during this time.

Once the EB-5 investor has completed consular processing and been issued an EB-5 visa, they have six months to enter the United States. If at that point the EB-5 investor and any of their derivative beneficiaries still require additional time to fulfill other obligations, they are best served consulting an immigration attorney to avoid having to face any undesirable consequences.

Consular Processing

If an EB-5 investor has already had their consular interview scheduled, it is possible to reschedule this interview and postpone it to a later date, though doing so will likely cause significant delays in the processing of their case. The process of rescheduling a consulate interview will depend on the separate U.S. embassy/consulate office in the EB5 investor’s city/place of residence.

In advance of the consular interview, the EB-5 investor should prepare accordingly and familiarize themselves with their case. They should compile all required documentation and be able to answer any questions related to their EB-5 investment and their personal travel and immigration history.

Aging Out

EB-5 investors should be mindful that delaying the EB-5 visa application process can result in their dependent(s) aging out. EB-5 investors who have successfully undergone consular processing and received conditional permanent resident status are only able to extend this status to lawful derivative beneficiaries, which includes their spouse and unmarried children under the age of 21.

If the EB-5 investor’s child is due to turn 21 soon, they may become disqualified from immigrating with the EB-5 investor. In this case, the EB-5 investor must file a separate petition for their child over the age of 21, which will incur delays of its own as it may take some time before the child becomes eligible for a visa.