What Are the I-526 and I-526E Petitions and Why Do They Matter?<\/a><\/h6>\n\n- What Is Form I-526?<\/a><\/li>\n
- What Is Form I-526E?<\/a><\/li>\n<\/ul>\n
I-526 Processing Times<\/a><\/h6>\n\n- Why Does Form I-526 Take So Long to Process?<\/a><\/li>\n
- How Is the I-526 Processing Time Calculated?<\/a><\/li>\n
- How Do Long Processing Times Harm Investors?<\/a><\/li>\n<\/ul>\n
How to Shorten Your I-526 Processing Time<\/a><\/h6>\n\n- Invest in a Targeted Employment Area<\/a><\/li>\n
- Follow All Requirements and Submit a Complete Set of Application Documents<\/a><\/li>\n
- File Form I-485 at the Same Time<\/a><\/li>\n
- Have Your Other Filing Fee Payments Ready<\/a><\/li>\n
- Work With a Professional to File Your Petition<\/a><\/li>\n<\/ul>\n
What to Do If Your I-526 Petition Is Still Taking Too Long<\/a><\/h6>\n\n- Submit a Formal Inquiry<\/a><\/li>\n
- Request Expedited Processing<\/a><\/li>\n
- File a Writ of Mandamus<\/a><\/li>\n<\/ul>\n
Contact EB5AN for Help With Your EB-5 Application<\/a><\/h6>\n<\/div>\nWhat Are the I-526 and I-526E Petitions and Why Do They Matter? <\/h3>\n
The I-526 petition is one of the most important forms for an EB-5 applicant. USCIS needs this form to determine whether an investor has complied with the requirements of the EB-5 Immigrant Investor Program<\/a>. It is not possible to receive conditional residency\u2014or later, a permanent Green Card\u2014without an approved I-526.<\/p>\nAn applicant must submit one of the following forms to qualify for an EB-5 visa, depending on the kind of investment they are making:<\/p>\n
\n- Form I-526, Immigrant Petition by Standalone Investor.<\/li>\n
- Form I-526E, Immigrant Petition by Regional Center Investor.<\/li>\n<\/ul>\n
Investors must also file supporting evidence and documentation<\/a> of their EB-5 compliance.<\/p>\nWhat Is Form I-526?<\/h4>\n
Form I-526, Immigrant Petition by Standalone Investor, is for EB-5 immigrant investors who directly invest their EB-5 capital in a qualifying new commercial enterprise (NCE) by themselves. <\/p>\n
A standalone investor is responsible for much of the business\u2019s day-to-day management. <\/p>\n
\nNew Commercial Enterprises<\/strong><\/p>\nAn NCE is usually a for-profit U.S. business that engages in lawful commercial activity and was established after November 29, 1990. Nearly any industry may qualify for EB-5 funding. A business established on or before that date also counts if it is reorganized to yield a new commercial or enterprise or if investment expands its net worth or number of employees by at least 40%.<\/p>\n<\/div>\n
What Is Form I-526E?<\/h4>\n
Form I-526E, Immigrant Petition by Regional Center Investor, is for EB-5 participants who invest via the regional center program. This is possible when a USCIS-designated regional center has proved that it supports the EB-5 program\u2019s goals of stimulating the U.S. economy through job creation and foreign investment. <\/p>\n
A regional center sponsors an EB-5 project in a specific geographic area. It also provides receipts and invoices to USCIS to verify that the investor created at least 10 full-time jobs required<\/a> under the EB-5 program. <\/p>\nThe vast majority of EB-5 investors choose the regional center option, primarily because it offers the following benefits:<\/p>\n
\n- Easier tracking and documentation.<\/li>\n
- Fewer management responsibilities.<\/li>\n
- Greater flexibility in meeting job creation requirements.<\/li>\n
- Ability to pool funds from multiple EB-5 investors, making larger investment projects possible.<\/li>\n<\/ul>\n
But pursuing this option alone won\u2019t guarantee a quick petition approval.<\/p>\n
![](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2020\/03\/image3.jpg\")
<\/p>\n
I-526 Processing Times<\/h3>\n
The median processing time for Form I-526 has increased every year since 2019, judging by USCIS\u2019s Historical National Median Processing Time page<\/a>. <\/p>\nIn FY 2019, the median processing time was 19 months. However, by FY 2024 so far, the median processing time has jumped to 51.9 months. <\/p>\n
Why Does Form I-526 Take So Long to Process?<\/h4>\n
Processing petitions is time-consuming work, and USCIS cannot adjudicate all of them promptly. The growing backlog reflects several factors.<\/p>\n
First, the popularity of the EB-5 program has increased since it was established in 1990. USCIS now receives thousands of applications each year and needs to carefully examine all immigrant petitions. <\/p>\n
Second, the COVID-19 pandemic has contributed to the I-526 backlog. For most of FY 2020-21, all U.S. consulates and embassies and nearly all immigration services were shut down. <\/p>\n
USCIS staffing levels, policy and operational changes, and how long an applicant takes to respond to a request for more information are additional factors that affect processing efficiency.<\/p>\n
Wait times also vary considerably depending on an investor\u2019s nationality. As of March 2024, the wait time to adjudicate 80% of I-526 petitions from mainland China is 88 months, according to the USCIS processing times page<\/a>. However, the wait time to process 80% of I-526 petitions from all other countries is a relatively short 55.5 months.<\/p>\nWhy is there such a large difference? <\/p>\n
The Immigration and Nationality Act<\/a> requires that no more than 7% of available EB-5 visas be allocated to each participating nation. So an applicant from a populous, high-demand country will generally face more competition for an immigrant visa and a longer wait time.<\/p>\nInvestors can check the latest processing times updates at any time on the USCIS website. <\/p>\n
![](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2020\/03\/image2.jpg\")
<\/p>\n
How Is the I-526 Processing Time Calculated?<\/h4>\n
The processing time figures reflect how much time it took USCIS to finish 80% of adjudicated cases. This figure is determined by counting the number of days between the receipt of an application and its decision on the case.<\/p>\n
For example, suppose USCIS receives an application on January 26, 2024, and approves it on March 7, 2024. The processing time for this example is 42 days.<\/p>\n
USCIS determines a processing time for each application it adjudicates in March 2024 and in the five preceding months.<\/p>\n
Next, USCIS calculates how much time it took to decide on 80% of the cases during the six-month period. The resulting number becomes the processing time displayed on the USCIS page. <\/p>\n
How Do Long Processing Times Harm Investors?<\/h4>\n
In addition to simply causing stress for EB-5 investors and their families, delayed processing can create other adverse consequences.<\/p>\n
The longer an investor has to wait for I-526 adjudication, the more likely it is that their NCE could face unexpected business troubles. This could potentially jeopardize an investor\u2019s compliance in the eyes of USCIS. <\/p>\n
Investors\u2019 unmarried children under the age of 21 could also age out of the EB-5 program before USCIS grants I-526 approval. <\/p>\n
These issues could pose an immigration risk to investors.<\/p>\n
How to Shorten Your I-526 Processing Time<\/h3>\n
![](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2020\/03\/image5.jpg\")
<\/p>\n
Fortunately, prospective EB-5 investors can do several things to get their applications approved speedily.<\/p>\n
One is to choose an EB-5 project wisely.<\/p>\n
Invest in a Targeted Employment Area <\/h4>\n
Investors who want to avoid excessive wait times while saving hundreds of thousands of dollars should keep targeted employment areas (TEAs)<\/a> in mind.<\/p>\nThe United States created the EB-5 program to stimulate economic growth and create jobs for American workers. TEAs are high-unemployment or rural areas that need these jobs. So the United States reserves 32% of the total visa pool<\/a> for individuals who invest in those projects or selected public infrastructure projects\u2014another priority for investment.<\/p>\nThis approach is especially helpful for investors from countries with EB-5 visa backlogs<\/a>. By pursuing a rural TEA project<\/a>, an EB-5 investor can receive priority processing. <\/p>\nThe cost savings of this approach are also significant.<\/p>\n
The typical minimum investment amount for an EB-5 project is $1,050,000. However, for an EB-5 investment made in a designated TEA, the minimum EB-5 investment amount is only $800,000. <\/p>\n
Follow All Requirements and Submit a Complete Set of Application Documents <\/h4>\n
Investors need to note that EB-5 applications are sometimes held up because USCIS has to request additional information from them. <\/p>\n
Avoid the hassle and delays by ensuring you\u2019ve fulfilled all of the EB-5 program criteria and answered all questions fully and accurately when you submit your I-526 paperwork.<\/p>\n
Each investor should submit a complete set of documents, including a strong business plan<\/a>, in their immigrant investor petition for USCIS. <\/p>\nThe exact mix will vary depending on individual circumstances and investment type. Since most EB-5 investors choose to invest via regional centers, we focus on the paperwork required under Form I-526E<\/a>. <\/p>\nYour petition must answer questions related to the following:<\/p>\n
\n- Petition type.<\/li>\n
- Biographic information about the investor, their spouse, and children. <\/li>\n
- Information about the regional center and project application.<\/li>\n
- Proof the foreign national has made the minimum required capital investment and that these funds were lawfully obtained. <\/li>\n
- Visa processing and immigration proceedings.<\/li>\n
- Bona fides of those involved with the regional center program.<\/li>\n
- Involvement in the regional center program.<\/li>\n<\/ul>\n
You must also submit the following evidence with your I-526E petition:<\/p>\n
\n- Receipt notice for an investment in a USCIS-designated regional center.<\/li>\n
- Evidence you have invested or are investing the required amount of capital.<\/li>\n
- Evidence the investment capital was obtained through lawful means.<\/li>\n
- Photocopy of government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Do not forget to sign Form I-526E. USCIS rejects all unsigned forms.<\/p>\n
File Form I-485 at the Same Time<\/h4>\n
An investor must also file Form I-485<\/a> to shift from nonimmigrant status to immigrant status and obtain conditional permanent residency. The I-485 petition for adjustment of status can be filed concurrently<\/a> with Form I-526 or I-526E in the case of investors who are already present in the United States.<\/p>\nThis option is available to investors whose country is listed as \u201cC\u201d or \u201ccurrent\u201d\u2014which means the country does not have a visa backlog, so the investor can apply for a visa\u2014on the Visa Bulletin. <\/p>\n
This change eliminates the additional wait time for I-485 adjudication, allowing non-resident EB-5 participants to live, work, or attend school in the U.S. while waiting for their I-526 or I-526E petitions to be adjudicated.<\/p>\n
The filing fee for Form I-485 to adjust status is currently $1,140, per USCIS I-485 filing instructions updated on February 21, 2023. This will increase to $1,440 with the USCIS price increase of April 1, 2024<\/a>.<\/p>\nHave Your Other Filing Fee Payments Ready<\/h4>\n
![](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2020\/03\/image4-1.jpg\")
<\/p>\n
The filing fee for either Form I-526 or Form I-526E is currently $3,675, but will increase to $11,160 in April. <\/p>\n
EB-5 investors should check the USCIS website<\/a> for the latest information.<\/p>\nThis non-refundable filing fee should be in the form of a check or a money order drawn from a U.S. bank or financial institution in U.S. currency. <\/p>\n
Original checks will not be returned. If a check comes back unpayable twice, the I-526 petition will be rejected and the investor will be charged a fee. <\/p>\n
Investors living outside the United States can contact their nearest U.S. embassy or consulate for instructions on how to submit payment.<\/p>\n
Work With a Professional to File Your Petition<\/h4>\n
An immigration attorney usually files Form I-526 or Form I-526E on the investor\u2019s behalf. <\/p>\n
This person will check to ensure you have submitted copies of all required vital documents and enough evidence of the legal source of your investment funds. <\/p>\n
Having the services of an experienced immigration lawyer<\/a> will improve the chances of an EB-5 investor getting their Form I-526 or I-526E approved the first time, saving the investor the hassle of filing multiple petitions.<\/p>\nWhat to Do If Your I-526 Petition Is Still Taking Too Long<\/h3>\n
![](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2020\/03\/image8.jpg\")
<\/p>\n
It\u2019s possible for an investor to follow all of the guidance above and still experience excessive wait times. If you find yourself in this situation, you have a few options to pursue.<\/p>\n
Submit a Formal Inquiry<\/h4>\n
USCIS allows an investor to submit a formal inquiry if their I-526 adjudication is taking significantly longer than the currently listed I 526 processing time on the USCIS website. This is an option if your application\u2019s processing time exceeds that of 93% of other applications, which is far above the normal processing time. <\/p>\n
To find out whether their petition is eligible for a formal inquiry, an EB-5 investor should:<\/p>\n
\n- Go to the USCIS processing times page.<\/li>\n
- Choose Form I-526 from the dropdown menu.<\/li>\n
- Enter their I-526 filing receipt number.<\/li>\n<\/ul>\n
If the investor\u2019s petition adjudication is eligible for inquiry, a prompt will appear with further instructions about how to send an inquiry to the Immigrant Investor Program Office, the office within USCIS that adjudicates EB-5 petitions. <\/p>\n
Allow 14 days for the office to respond.<\/p>\n
Request Expedited Processing <\/h4>\n
In extreme cases, USCIS also allows for expedited adjudication of an investor\u2019s I-526 or I-526E petition. <\/p>\n
However, few EB-5 projects meet USCIS\u2019 qualifications for expedited processing.<\/p>\n
According to the USCIS website, the Immigrant Investor Program Office will only consider an expedite request if it meets one or more of the following criteria or circumstances:<\/p>\n
\n- Severe financial loss to a company or person.<\/li>\n
- Emergencies and urgent humanitarian reasons.<\/li>\n
- U.S. government interests. <\/li>\n
- Clear USCIS error.<\/li>\n<\/ul>\n
Investors whose circumstances fit one or more of the criteria above will not automatically qualify for priority processing, however.<\/p>\n
If an investor has the opportunity to invest in an EB-5 project with expedited processing<\/a> approval, the investor and their family should consider doing so.<\/p>\nFile a Writ of Mandamus<\/h4>\n
As a last resort, an EB-5 investor may take legal action by filing a writ of mandamus, under which a U.S. federal court would mandate that USCIS adjudicate Form I-526. However, the court cannot direct USCIS to approve the application; it can only compel a decision.<\/p>\n
The investor would need to prove that they were subjected to an unreasonable delay that caused them harm.<\/p>\n
EB5AN does not recommend pursuing this course of action without legal counsel.<\/p>\n
![](\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2020\/03\/image7.jpg\")
<\/p>\n
Contact EB5AN for Help With Your EB-5 Application<\/h3>\n
The most important thing you can do to get your EB-5 application approved swiftly is to partner with the right professionals in the field. <\/p>\n
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team<\/a> has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.<\/p>\nIf you\u2019re ready to start investing in an EB-5 project via a regional center, visit our page listing available EB-5 projects. <\/p>\n
I-526 Processing Times<\/a><\/h6>\n\n- Why Does Form I-526 Take So Long to Process?<\/a><\/li>\n
- How Is the I-526 Processing Time Calculated?<\/a><\/li>\n
- How Do Long Processing Times Harm Investors?<\/a><\/li>\n<\/ul>\n
How to Shorten Your I-526 Processing Time<\/a><\/h6>\n\n- Invest in a Targeted Employment Area<\/a><\/li>\n
- Follow All Requirements and Submit a Complete Set of Application Documents<\/a><\/li>\n
- File Form I-485 at the Same Time<\/a><\/li>\n
- Have Your Other Filing Fee Payments Ready<\/a><\/li>\n
- Work With a Professional to File Your Petition<\/a><\/li>\n<\/ul>\n
What to Do If Your I-526 Petition Is Still Taking Too Long<\/a><\/h6>\n\n- Submit a Formal Inquiry<\/a><\/li>\n
- Request Expedited Processing<\/a><\/li>\n
- File a Writ of Mandamus<\/a><\/li>\n<\/ul>\n
Contact EB5AN for Help With Your EB-5 Application<\/a><\/h6>\n<\/div>\nWhat Are the I-526 and I-526E Petitions and Why Do They Matter? <\/h3>\n
The I-526 petition is one of the most important forms for an EB-5 applicant. USCIS needs this form to determine whether an investor has complied with the requirements of the EB-5 Immigrant Investor Program<\/a>. It is not possible to receive conditional residency\u2014or later, a permanent Green Card\u2014without an approved I-526.<\/p>\nAn applicant must submit one of the following forms to qualify for an EB-5 visa, depending on the kind of investment they are making:<\/p>\n
\n- Form I-526, Immigrant Petition by Standalone Investor.<\/li>\n
- Form I-526E, Immigrant Petition by Regional Center Investor.<\/li>\n<\/ul>\n
Investors must also file supporting evidence and documentation<\/a> of their EB-5 compliance.<\/p>\nWhat Is Form I-526?<\/h4>\n
Form I-526, Immigrant Petition by Standalone Investor, is for EB-5 immigrant investors who directly invest their EB-5 capital in a qualifying new commercial enterprise (NCE) by themselves. <\/p>\n
A standalone investor is responsible for much of the business\u2019s day-to-day management. <\/p>\n
\nNew Commercial Enterprises<\/strong><\/p>\nAn NCE is usually a for-profit U.S. business that engages in lawful commercial activity and was established after November 29, 1990. Nearly any industry may qualify for EB-5 funding. A business established on or before that date also counts if it is reorganized to yield a new commercial or enterprise or if investment expands its net worth or number of employees by at least 40%.<\/p>\n<\/div>\n
What Is Form I-526E?<\/h4>\n
Form I-526E, Immigrant Petition by Regional Center Investor, is for EB-5 participants who invest via the regional center program. This is possible when a USCIS-designated regional center has proved that it supports the EB-5 program\u2019s goals of stimulating the U.S. economy through job creation and foreign investment. <\/p>\n
A regional center sponsors an EB-5 project in a specific geographic area. It also provides receipts and invoices to USCIS to verify that the investor created at least 10 full-time jobs required<\/a> under the EB-5 program. <\/p>\nThe vast majority of EB-5 investors choose the regional center option, primarily because it offers the following benefits:<\/p>\n
\n- Easier tracking and documentation.<\/li>\n
- Fewer management responsibilities.<\/li>\n
- Greater flexibility in meeting job creation requirements.<\/li>\n
- Ability to pool funds from multiple EB-5 investors, making larger investment projects possible.<\/li>\n<\/ul>\n
But pursuing this option alone won\u2019t guarantee a quick petition approval.<\/p>\n
<\/p>\n
I-526 Processing Times<\/h3>\n
The median processing time for Form I-526 has increased every year since 2019, judging by USCIS\u2019s Historical National Median Processing Time page<\/a>. <\/p>\nIn FY 2019, the median processing time was 19 months. However, by FY 2024 so far, the median processing time has jumped to 51.9 months. <\/p>\n
Why Does Form I-526 Take So Long to Process?<\/h4>\n
Processing petitions is time-consuming work, and USCIS cannot adjudicate all of them promptly. The growing backlog reflects several factors.<\/p>\n
First, the popularity of the EB-5 program has increased since it was established in 1990. USCIS now receives thousands of applications each year and needs to carefully examine all immigrant petitions. <\/p>\n
Second, the COVID-19 pandemic has contributed to the I-526 backlog. For most of FY 2020-21, all U.S. consulates and embassies and nearly all immigration services were shut down. <\/p>\n
USCIS staffing levels, policy and operational changes, and how long an applicant takes to respond to a request for more information are additional factors that affect processing efficiency.<\/p>\n
Wait times also vary considerably depending on an investor\u2019s nationality. As of March 2024, the wait time to adjudicate 80% of I-526 petitions from mainland China is 88 months, according to the USCIS processing times page<\/a>. However, the wait time to process 80% of I-526 petitions from all other countries is a relatively short 55.5 months.<\/p>\nWhy is there such a large difference? <\/p>\n
The Immigration and Nationality Act<\/a> requires that no more than 7% of available EB-5 visas be allocated to each participating nation. So an applicant from a populous, high-demand country will generally face more competition for an immigrant visa and a longer wait time.<\/p>\nInvestors can check the latest processing times updates at any time on the USCIS website. <\/p>\n
<\/p>\n
How Is the I-526 Processing Time Calculated?<\/h4>\n
The processing time figures reflect how much time it took USCIS to finish 80% of adjudicated cases. This figure is determined by counting the number of days between the receipt of an application and its decision on the case.<\/p>\n
For example, suppose USCIS receives an application on January 26, 2024, and approves it on March 7, 2024. The processing time for this example is 42 days.<\/p>\n
USCIS determines a processing time for each application it adjudicates in March 2024 and in the five preceding months.<\/p>\n
Next, USCIS calculates how much time it took to decide on 80% of the cases during the six-month period. The resulting number becomes the processing time displayed on the USCIS page. <\/p>\n
How Do Long Processing Times Harm Investors?<\/h4>\n
In addition to simply causing stress for EB-5 investors and their families, delayed processing can create other adverse consequences.<\/p>\n
The longer an investor has to wait for I-526 adjudication, the more likely it is that their NCE could face unexpected business troubles. This could potentially jeopardize an investor\u2019s compliance in the eyes of USCIS. <\/p>\n
Investors\u2019 unmarried children under the age of 21 could also age out of the EB-5 program before USCIS grants I-526 approval. <\/p>\n
These issues could pose an immigration risk to investors.<\/p>\n
How to Shorten Your I-526 Processing Time<\/h3>\n
<\/p>\n
Fortunately, prospective EB-5 investors can do several things to get their applications approved speedily.<\/p>\n
One is to choose an EB-5 project wisely.<\/p>\n
Invest in a Targeted Employment Area <\/h4>\n
Investors who want to avoid excessive wait times while saving hundreds of thousands of dollars should keep targeted employment areas (TEAs)<\/a> in mind.<\/p>\nThe United States created the EB-5 program to stimulate economic growth and create jobs for American workers. TEAs are high-unemployment or rural areas that need these jobs. So the United States reserves 32% of the total visa pool<\/a> for individuals who invest in those projects or selected public infrastructure projects\u2014another priority for investment.<\/p>\nThis approach is especially helpful for investors from countries with EB-5 visa backlogs<\/a>. By pursuing a rural TEA project<\/a>, an EB-5 investor can receive priority processing. <\/p>\nThe cost savings of this approach are also significant.<\/p>\n
The typical minimum investment amount for an EB-5 project is $1,050,000. However, for an EB-5 investment made in a designated TEA, the minimum EB-5 investment amount is only $800,000. <\/p>\n
Follow All Requirements and Submit a Complete Set of Application Documents <\/h4>\n
Investors need to note that EB-5 applications are sometimes held up because USCIS has to request additional information from them. <\/p>\n
Avoid the hassle and delays by ensuring you\u2019ve fulfilled all of the EB-5 program criteria and answered all questions fully and accurately when you submit your I-526 paperwork.<\/p>\n
Each investor should submit a complete set of documents, including a strong business plan<\/a>, in their immigrant investor petition for USCIS. <\/p>\nThe exact mix will vary depending on individual circumstances and investment type. Since most EB-5 investors choose to invest via regional centers, we focus on the paperwork required under Form I-526E<\/a>. <\/p>\nYour petition must answer questions related to the following:<\/p>\n
\n- Petition type.<\/li>\n
- Biographic information about the investor, their spouse, and children. <\/li>\n
- Information about the regional center and project application.<\/li>\n
- Proof the foreign national has made the minimum required capital investment and that these funds were lawfully obtained. <\/li>\n
- Visa processing and immigration proceedings.<\/li>\n
- Bona fides of those involved with the regional center program.<\/li>\n
- Involvement in the regional center program.<\/li>\n<\/ul>\n
You must also submit the following evidence with your I-526E petition:<\/p>\n
\n- Receipt notice for an investment in a USCIS-designated regional center.<\/li>\n
- Evidence you have invested or are investing the required amount of capital.<\/li>\n
- Evidence the investment capital was obtained through lawful means.<\/li>\n
- Photocopy of government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Do not forget to sign Form I-526E. USCIS rejects all unsigned forms.<\/p>\n
File Form I-485 at the Same Time<\/h4>\n
An investor must also file Form I-485<\/a> to shift from nonimmigrant status to immigrant status and obtain conditional permanent residency. The I-485 petition for adjustment of status can be filed concurrently<\/a> with Form I-526 or I-526E in the case of investors who are already present in the United States.<\/p>\nThis option is available to investors whose country is listed as \u201cC\u201d or \u201ccurrent\u201d\u2014which means the country does not have a visa backlog, so the investor can apply for a visa\u2014on the Visa Bulletin. <\/p>\n
This change eliminates the additional wait time for I-485 adjudication, allowing non-resident EB-5 participants to live, work, or attend school in the U.S. while waiting for their I-526 or I-526E petitions to be adjudicated.<\/p>\n
The filing fee for Form I-485 to adjust status is currently $1,140, per USCIS I-485 filing instructions updated on February 21, 2023. This will increase to $1,440 with the USCIS price increase of April 1, 2024<\/a>.<\/p>\nHave Your Other Filing Fee Payments Ready<\/h4>\n
<\/p>\n
The filing fee for either Form I-526 or Form I-526E is currently $3,675, but will increase to $11,160 in April. <\/p>\n
EB-5 investors should check the USCIS website<\/a> for the latest information.<\/p>\nThis non-refundable filing fee should be in the form of a check or a money order drawn from a U.S. bank or financial institution in U.S. currency. <\/p>\n
Original checks will not be returned. If a check comes back unpayable twice, the I-526 petition will be rejected and the investor will be charged a fee. <\/p>\n
Investors living outside the United States can contact their nearest U.S. embassy or consulate for instructions on how to submit payment.<\/p>\n
Work With a Professional to File Your Petition<\/h4>\n
An immigration attorney usually files Form I-526 or Form I-526E on the investor\u2019s behalf. <\/p>\n
This person will check to ensure you have submitted copies of all required vital documents and enough evidence of the legal source of your investment funds. <\/p>\n
Having the services of an experienced immigration lawyer<\/a> will improve the chances of an EB-5 investor getting their Form I-526 or I-526E approved the first time, saving the investor the hassle of filing multiple petitions.<\/p>\nWhat to Do If Your I-526 Petition Is Still Taking Too Long<\/h3>\n
<\/p>\n
It\u2019s possible for an investor to follow all of the guidance above and still experience excessive wait times. If you find yourself in this situation, you have a few options to pursue.<\/p>\n
Submit a Formal Inquiry<\/h4>\n
USCIS allows an investor to submit a formal inquiry if their I-526 adjudication is taking significantly longer than the currently listed I 526 processing time on the USCIS website. This is an option if your application\u2019s processing time exceeds that of 93% of other applications, which is far above the normal processing time. <\/p>\n
To find out whether their petition is eligible for a formal inquiry, an EB-5 investor should:<\/p>\n
\n- Go to the USCIS processing times page.<\/li>\n
- Choose Form I-526 from the dropdown menu.<\/li>\n
- Enter their I-526 filing receipt number.<\/li>\n<\/ul>\n
If the investor\u2019s petition adjudication is eligible for inquiry, a prompt will appear with further instructions about how to send an inquiry to the Immigrant Investor Program Office, the office within USCIS that adjudicates EB-5 petitions. <\/p>\n
Allow 14 days for the office to respond.<\/p>\n
Request Expedited Processing <\/h4>\n
In extreme cases, USCIS also allows for expedited adjudication of an investor\u2019s I-526 or I-526E petition. <\/p>\n
However, few EB-5 projects meet USCIS\u2019 qualifications for expedited processing.<\/p>\n
According to the USCIS website, the Immigrant Investor Program Office will only consider an expedite request if it meets one or more of the following criteria or circumstances:<\/p>\n
\n- Severe financial loss to a company or person.<\/li>\n
- Emergencies and urgent humanitarian reasons.<\/li>\n
- U.S. government interests. <\/li>\n
- Clear USCIS error.<\/li>\n<\/ul>\n
Investors whose circumstances fit one or more of the criteria above will not automatically qualify for priority processing, however.<\/p>\n
If an investor has the opportunity to invest in an EB-5 project with expedited processing<\/a> approval, the investor and their family should consider doing so.<\/p>\nFile a Writ of Mandamus<\/h4>\n
As a last resort, an EB-5 investor may take legal action by filing a writ of mandamus, under which a U.S. federal court would mandate that USCIS adjudicate Form I-526. However, the court cannot direct USCIS to approve the application; it can only compel a decision.<\/p>\n
The investor would need to prove that they were subjected to an unreasonable delay that caused them harm.<\/p>\n
EB5AN does not recommend pursuing this course of action without legal counsel.<\/p>\n
<\/p>\n
Contact EB5AN for Help With Your EB-5 Application<\/h3>\n
The most important thing you can do to get your EB-5 application approved swiftly is to partner with the right professionals in the field. <\/p>\n
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team<\/a> has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.<\/p>\nIf you\u2019re ready to start investing in an EB-5 project via a regional center, visit our page listing available EB-5 projects. <\/p>\n
How to Shorten Your I-526 Processing Time<\/a><\/h6>\n\n- Invest in a Targeted Employment Area<\/a><\/li>\n
- Follow All Requirements and Submit a Complete Set of Application Documents<\/a><\/li>\n
- File Form I-485 at the Same Time<\/a><\/li>\n
- Have Your Other Filing Fee Payments Ready<\/a><\/li>\n
- Work With a Professional to File Your Petition<\/a><\/li>\n<\/ul>\n
What to Do If Your I-526 Petition Is Still Taking Too Long<\/a><\/h6>\n\n- Submit a Formal Inquiry<\/a><\/li>\n
- Request Expedited Processing<\/a><\/li>\n
- File a Writ of Mandamus<\/a><\/li>\n<\/ul>\n
Contact EB5AN for Help With Your EB-5 Application<\/a><\/h6>\n<\/div>\nWhat Are the I-526 and I-526E Petitions and Why Do They Matter? <\/h3>\n
The I-526 petition is one of the most important forms for an EB-5 applicant. USCIS needs this form to determine whether an investor has complied with the requirements of the EB-5 Immigrant Investor Program<\/a>. It is not possible to receive conditional residency\u2014or later, a permanent Green Card\u2014without an approved I-526.<\/p>\nAn applicant must submit one of the following forms to qualify for an EB-5 visa, depending on the kind of investment they are making:<\/p>\n
\n- Form I-526, Immigrant Petition by Standalone Investor.<\/li>\n
- Form I-526E, Immigrant Petition by Regional Center Investor.<\/li>\n<\/ul>\n
Investors must also file supporting evidence and documentation<\/a> of their EB-5 compliance.<\/p>\nWhat Is Form I-526?<\/h4>\n
Form I-526, Immigrant Petition by Standalone Investor, is for EB-5 immigrant investors who directly invest their EB-5 capital in a qualifying new commercial enterprise (NCE) by themselves. <\/p>\n
A standalone investor is responsible for much of the business\u2019s day-to-day management. <\/p>\n
\nNew Commercial Enterprises<\/strong><\/p>\nAn NCE is usually a for-profit U.S. business that engages in lawful commercial activity and was established after November 29, 1990. Nearly any industry may qualify for EB-5 funding. A business established on or before that date also counts if it is reorganized to yield a new commercial or enterprise or if investment expands its net worth or number of employees by at least 40%.<\/p>\n<\/div>\n
What Is Form I-526E?<\/h4>\n
Form I-526E, Immigrant Petition by Regional Center Investor, is for EB-5 participants who invest via the regional center program. This is possible when a USCIS-designated regional center has proved that it supports the EB-5 program\u2019s goals of stimulating the U.S. economy through job creation and foreign investment. <\/p>\n
A regional center sponsors an EB-5 project in a specific geographic area. It also provides receipts and invoices to USCIS to verify that the investor created at least 10 full-time jobs required<\/a> under the EB-5 program. <\/p>\nThe vast majority of EB-5 investors choose the regional center option, primarily because it offers the following benefits:<\/p>\n
\n- Easier tracking and documentation.<\/li>\n
- Fewer management responsibilities.<\/li>\n
- Greater flexibility in meeting job creation requirements.<\/li>\n
- Ability to pool funds from multiple EB-5 investors, making larger investment projects possible.<\/li>\n<\/ul>\n
But pursuing this option alone won\u2019t guarantee a quick petition approval.<\/p>\n
<\/p>\n
I-526 Processing Times<\/h3>\n
The median processing time for Form I-526 has increased every year since 2019, judging by USCIS\u2019s Historical National Median Processing Time page<\/a>. <\/p>\nIn FY 2019, the median processing time was 19 months. However, by FY 2024 so far, the median processing time has jumped to 51.9 months. <\/p>\n
Why Does Form I-526 Take So Long to Process?<\/h4>\n
Processing petitions is time-consuming work, and USCIS cannot adjudicate all of them promptly. The growing backlog reflects several factors.<\/p>\n
First, the popularity of the EB-5 program has increased since it was established in 1990. USCIS now receives thousands of applications each year and needs to carefully examine all immigrant petitions. <\/p>\n
Second, the COVID-19 pandemic has contributed to the I-526 backlog. For most of FY 2020-21, all U.S. consulates and embassies and nearly all immigration services were shut down. <\/p>\n
USCIS staffing levels, policy and operational changes, and how long an applicant takes to respond to a request for more information are additional factors that affect processing efficiency.<\/p>\n
Wait times also vary considerably depending on an investor\u2019s nationality. As of March 2024, the wait time to adjudicate 80% of I-526 petitions from mainland China is 88 months, according to the USCIS processing times page<\/a>. However, the wait time to process 80% of I-526 petitions from all other countries is a relatively short 55.5 months.<\/p>\nWhy is there such a large difference? <\/p>\n
The Immigration and Nationality Act<\/a> requires that no more than 7% of available EB-5 visas be allocated to each participating nation. So an applicant from a populous, high-demand country will generally face more competition for an immigrant visa and a longer wait time.<\/p>\nInvestors can check the latest processing times updates at any time on the USCIS website. <\/p>\n
<\/p>\n
How Is the I-526 Processing Time Calculated?<\/h4>\n
The processing time figures reflect how much time it took USCIS to finish 80% of adjudicated cases. This figure is determined by counting the number of days between the receipt of an application and its decision on the case.<\/p>\n
For example, suppose USCIS receives an application on January 26, 2024, and approves it on March 7, 2024. The processing time for this example is 42 days.<\/p>\n
USCIS determines a processing time for each application it adjudicates in March 2024 and in the five preceding months.<\/p>\n
Next, USCIS calculates how much time it took to decide on 80% of the cases during the six-month period. The resulting number becomes the processing time displayed on the USCIS page. <\/p>\n
How Do Long Processing Times Harm Investors?<\/h4>\n
In addition to simply causing stress for EB-5 investors and their families, delayed processing can create other adverse consequences.<\/p>\n
The longer an investor has to wait for I-526 adjudication, the more likely it is that their NCE could face unexpected business troubles. This could potentially jeopardize an investor\u2019s compliance in the eyes of USCIS. <\/p>\n
Investors\u2019 unmarried children under the age of 21 could also age out of the EB-5 program before USCIS grants I-526 approval. <\/p>\n
These issues could pose an immigration risk to investors.<\/p>\n
How to Shorten Your I-526 Processing Time<\/h3>\n
<\/p>\n
Fortunately, prospective EB-5 investors can do several things to get their applications approved speedily.<\/p>\n
One is to choose an EB-5 project wisely.<\/p>\n
Invest in a Targeted Employment Area <\/h4>\n
Investors who want to avoid excessive wait times while saving hundreds of thousands of dollars should keep targeted employment areas (TEAs)<\/a> in mind.<\/p>\nThe United States created the EB-5 program to stimulate economic growth and create jobs for American workers. TEAs are high-unemployment or rural areas that need these jobs. So the United States reserves 32% of the total visa pool<\/a> for individuals who invest in those projects or selected public infrastructure projects\u2014another priority for investment.<\/p>\nThis approach is especially helpful for investors from countries with EB-5 visa backlogs<\/a>. By pursuing a rural TEA project<\/a>, an EB-5 investor can receive priority processing. <\/p>\nThe cost savings of this approach are also significant.<\/p>\n
The typical minimum investment amount for an EB-5 project is $1,050,000. However, for an EB-5 investment made in a designated TEA, the minimum EB-5 investment amount is only $800,000. <\/p>\n
Follow All Requirements and Submit a Complete Set of Application Documents <\/h4>\n
Investors need to note that EB-5 applications are sometimes held up because USCIS has to request additional information from them. <\/p>\n
Avoid the hassle and delays by ensuring you\u2019ve fulfilled all of the EB-5 program criteria and answered all questions fully and accurately when you submit your I-526 paperwork.<\/p>\n
Each investor should submit a complete set of documents, including a strong business plan<\/a>, in their immigrant investor petition for USCIS. <\/p>\nThe exact mix will vary depending on individual circumstances and investment type. Since most EB-5 investors choose to invest via regional centers, we focus on the paperwork required under Form I-526E<\/a>. <\/p>\nYour petition must answer questions related to the following:<\/p>\n
\n- Petition type.<\/li>\n
- Biographic information about the investor, their spouse, and children. <\/li>\n
- Information about the regional center and project application.<\/li>\n
- Proof the foreign national has made the minimum required capital investment and that these funds were lawfully obtained. <\/li>\n
- Visa processing and immigration proceedings.<\/li>\n
- Bona fides of those involved with the regional center program.<\/li>\n
- Involvement in the regional center program.<\/li>\n<\/ul>\n
You must also submit the following evidence with your I-526E petition:<\/p>\n
\n- Receipt notice for an investment in a USCIS-designated regional center.<\/li>\n
- Evidence you have invested or are investing the required amount of capital.<\/li>\n
- Evidence the investment capital was obtained through lawful means.<\/li>\n
- Photocopy of government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Do not forget to sign Form I-526E. USCIS rejects all unsigned forms.<\/p>\n
File Form I-485 at the Same Time<\/h4>\n
An investor must also file Form I-485<\/a> to shift from nonimmigrant status to immigrant status and obtain conditional permanent residency. The I-485 petition for adjustment of status can be filed concurrently<\/a> with Form I-526 or I-526E in the case of investors who are already present in the United States.<\/p>\nThis option is available to investors whose country is listed as \u201cC\u201d or \u201ccurrent\u201d\u2014which means the country does not have a visa backlog, so the investor can apply for a visa\u2014on the Visa Bulletin. <\/p>\n
This change eliminates the additional wait time for I-485 adjudication, allowing non-resident EB-5 participants to live, work, or attend school in the U.S. while waiting for their I-526 or I-526E petitions to be adjudicated.<\/p>\n
The filing fee for Form I-485 to adjust status is currently $1,140, per USCIS I-485 filing instructions updated on February 21, 2023. This will increase to $1,440 with the USCIS price increase of April 1, 2024<\/a>.<\/p>\nHave Your Other Filing Fee Payments Ready<\/h4>\n
<\/p>\n
The filing fee for either Form I-526 or Form I-526E is currently $3,675, but will increase to $11,160 in April. <\/p>\n
EB-5 investors should check the USCIS website<\/a> for the latest information.<\/p>\nThis non-refundable filing fee should be in the form of a check or a money order drawn from a U.S. bank or financial institution in U.S. currency. <\/p>\n
Original checks will not be returned. If a check comes back unpayable twice, the I-526 petition will be rejected and the investor will be charged a fee. <\/p>\n
Investors living outside the United States can contact their nearest U.S. embassy or consulate for instructions on how to submit payment.<\/p>\n
Work With a Professional to File Your Petition<\/h4>\n
An immigration attorney usually files Form I-526 or Form I-526E on the investor\u2019s behalf. <\/p>\n
This person will check to ensure you have submitted copies of all required vital documents and enough evidence of the legal source of your investment funds. <\/p>\n
Having the services of an experienced immigration lawyer<\/a> will improve the chances of an EB-5 investor getting their Form I-526 or I-526E approved the first time, saving the investor the hassle of filing multiple petitions.<\/p>\nWhat to Do If Your I-526 Petition Is Still Taking Too Long<\/h3>\n
<\/p>\n
It\u2019s possible for an investor to follow all of the guidance above and still experience excessive wait times. If you find yourself in this situation, you have a few options to pursue.<\/p>\n
Submit a Formal Inquiry<\/h4>\n
USCIS allows an investor to submit a formal inquiry if their I-526 adjudication is taking significantly longer than the currently listed I 526 processing time on the USCIS website. This is an option if your application\u2019s processing time exceeds that of 93% of other applications, which is far above the normal processing time. <\/p>\n
To find out whether their petition is eligible for a formal inquiry, an EB-5 investor should:<\/p>\n
\n- Go to the USCIS processing times page.<\/li>\n
- Choose Form I-526 from the dropdown menu.<\/li>\n
- Enter their I-526 filing receipt number.<\/li>\n<\/ul>\n
If the investor\u2019s petition adjudication is eligible for inquiry, a prompt will appear with further instructions about how to send an inquiry to the Immigrant Investor Program Office, the office within USCIS that adjudicates EB-5 petitions. <\/p>\n
Allow 14 days for the office to respond.<\/p>\n
Request Expedited Processing <\/h4>\n
In extreme cases, USCIS also allows for expedited adjudication of an investor\u2019s I-526 or I-526E petition. <\/p>\n
However, few EB-5 projects meet USCIS\u2019 qualifications for expedited processing.<\/p>\n
According to the USCIS website, the Immigrant Investor Program Office will only consider an expedite request if it meets one or more of the following criteria or circumstances:<\/p>\n
\n- Severe financial loss to a company or person.<\/li>\n
- Emergencies and urgent humanitarian reasons.<\/li>\n
- U.S. government interests. <\/li>\n
- Clear USCIS error.<\/li>\n<\/ul>\n
Investors whose circumstances fit one or more of the criteria above will not automatically qualify for priority processing, however.<\/p>\n
If an investor has the opportunity to invest in an EB-5 project with expedited processing<\/a> approval, the investor and their family should consider doing so.<\/p>\nFile a Writ of Mandamus<\/h4>\n
As a last resort, an EB-5 investor may take legal action by filing a writ of mandamus, under which a U.S. federal court would mandate that USCIS adjudicate Form I-526. However, the court cannot direct USCIS to approve the application; it can only compel a decision.<\/p>\n
The investor would need to prove that they were subjected to an unreasonable delay that caused them harm.<\/p>\n
EB5AN does not recommend pursuing this course of action without legal counsel.<\/p>\n
<\/p>\n
Contact EB5AN for Help With Your EB-5 Application<\/h3>\n
The most important thing you can do to get your EB-5 application approved swiftly is to partner with the right professionals in the field. <\/p>\n
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team<\/a> has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.<\/p>\nIf you\u2019re ready to start investing in an EB-5 project via a regional center, visit our page listing available EB-5 projects. <\/p>\n
What to Do If Your I-526 Petition Is Still Taking Too Long<\/a><\/h6>\n\n- Submit a Formal Inquiry<\/a><\/li>\n
- Request Expedited Processing<\/a><\/li>\n
- File a Writ of Mandamus<\/a><\/li>\n<\/ul>\n
Contact EB5AN for Help With Your EB-5 Application<\/a><\/h6>\n<\/div>\nWhat Are the I-526 and I-526E Petitions and Why Do They Matter? <\/h3>\n
The I-526 petition is one of the most important forms for an EB-5 applicant. USCIS needs this form to determine whether an investor has complied with the requirements of the EB-5 Immigrant Investor Program<\/a>. It is not possible to receive conditional residency\u2014or later, a permanent Green Card\u2014without an approved I-526.<\/p>\nAn applicant must submit one of the following forms to qualify for an EB-5 visa, depending on the kind of investment they are making:<\/p>\n
\n- Form I-526, Immigrant Petition by Standalone Investor.<\/li>\n
- Form I-526E, Immigrant Petition by Regional Center Investor.<\/li>\n<\/ul>\n
Investors must also file supporting evidence and documentation<\/a> of their EB-5 compliance.<\/p>\nWhat Is Form I-526?<\/h4>\n
Form I-526, Immigrant Petition by Standalone Investor, is for EB-5 immigrant investors who directly invest their EB-5 capital in a qualifying new commercial enterprise (NCE) by themselves. <\/p>\n
A standalone investor is responsible for much of the business\u2019s day-to-day management. <\/p>\n
\nNew Commercial Enterprises<\/strong><\/p>\nAn NCE is usually a for-profit U.S. business that engages in lawful commercial activity and was established after November 29, 1990. Nearly any industry may qualify for EB-5 funding. A business established on or before that date also counts if it is reorganized to yield a new commercial or enterprise or if investment expands its net worth or number of employees by at least 40%.<\/p>\n<\/div>\n
What Is Form I-526E?<\/h4>\n
Form I-526E, Immigrant Petition by Regional Center Investor, is for EB-5 participants who invest via the regional center program. This is possible when a USCIS-designated regional center has proved that it supports the EB-5 program\u2019s goals of stimulating the U.S. economy through job creation and foreign investment. <\/p>\n
A regional center sponsors an EB-5 project in a specific geographic area. It also provides receipts and invoices to USCIS to verify that the investor created at least 10 full-time jobs required<\/a> under the EB-5 program. <\/p>\nThe vast majority of EB-5 investors choose the regional center option, primarily because it offers the following benefits:<\/p>\n
\n- Easier tracking and documentation.<\/li>\n
- Fewer management responsibilities.<\/li>\n
- Greater flexibility in meeting job creation requirements.<\/li>\n
- Ability to pool funds from multiple EB-5 investors, making larger investment projects possible.<\/li>\n<\/ul>\n
But pursuing this option alone won\u2019t guarantee a quick petition approval.<\/p>\n
<\/p>\n
I-526 Processing Times<\/h3>\n
The median processing time for Form I-526 has increased every year since 2019, judging by USCIS\u2019s Historical National Median Processing Time page<\/a>. <\/p>\nIn FY 2019, the median processing time was 19 months. However, by FY 2024 so far, the median processing time has jumped to 51.9 months. <\/p>\n
Why Does Form I-526 Take So Long to Process?<\/h4>\n
Processing petitions is time-consuming work, and USCIS cannot adjudicate all of them promptly. The growing backlog reflects several factors.<\/p>\n
First, the popularity of the EB-5 program has increased since it was established in 1990. USCIS now receives thousands of applications each year and needs to carefully examine all immigrant petitions. <\/p>\n
Second, the COVID-19 pandemic has contributed to the I-526 backlog. For most of FY 2020-21, all U.S. consulates and embassies and nearly all immigration services were shut down. <\/p>\n
USCIS staffing levels, policy and operational changes, and how long an applicant takes to respond to a request for more information are additional factors that affect processing efficiency.<\/p>\n
Wait times also vary considerably depending on an investor\u2019s nationality. As of March 2024, the wait time to adjudicate 80% of I-526 petitions from mainland China is 88 months, according to the USCIS processing times page<\/a>. However, the wait time to process 80% of I-526 petitions from all other countries is a relatively short 55.5 months.<\/p>\nWhy is there such a large difference? <\/p>\n
The Immigration and Nationality Act<\/a> requires that no more than 7% of available EB-5 visas be allocated to each participating nation. So an applicant from a populous, high-demand country will generally face more competition for an immigrant visa and a longer wait time.<\/p>\nInvestors can check the latest processing times updates at any time on the USCIS website. <\/p>\n
<\/p>\n
How Is the I-526 Processing Time Calculated?<\/h4>\n
The processing time figures reflect how much time it took USCIS to finish 80% of adjudicated cases. This figure is determined by counting the number of days between the receipt of an application and its decision on the case.<\/p>\n
For example, suppose USCIS receives an application on January 26, 2024, and approves it on March 7, 2024. The processing time for this example is 42 days.<\/p>\n
USCIS determines a processing time for each application it adjudicates in March 2024 and in the five preceding months.<\/p>\n
Next, USCIS calculates how much time it took to decide on 80% of the cases during the six-month period. The resulting number becomes the processing time displayed on the USCIS page. <\/p>\n
How Do Long Processing Times Harm Investors?<\/h4>\n
In addition to simply causing stress for EB-5 investors and their families, delayed processing can create other adverse consequences.<\/p>\n
The longer an investor has to wait for I-526 adjudication, the more likely it is that their NCE could face unexpected business troubles. This could potentially jeopardize an investor\u2019s compliance in the eyes of USCIS. <\/p>\n
Investors\u2019 unmarried children under the age of 21 could also age out of the EB-5 program before USCIS grants I-526 approval. <\/p>\n
These issues could pose an immigration risk to investors.<\/p>\n
How to Shorten Your I-526 Processing Time<\/h3>\n
<\/p>\n
Fortunately, prospective EB-5 investors can do several things to get their applications approved speedily.<\/p>\n
One is to choose an EB-5 project wisely.<\/p>\n
Invest in a Targeted Employment Area <\/h4>\n
Investors who want to avoid excessive wait times while saving hundreds of thousands of dollars should keep targeted employment areas (TEAs)<\/a> in mind.<\/p>\nThe United States created the EB-5 program to stimulate economic growth and create jobs for American workers. TEAs are high-unemployment or rural areas that need these jobs. So the United States reserves 32% of the total visa pool<\/a> for individuals who invest in those projects or selected public infrastructure projects\u2014another priority for investment.<\/p>\nThis approach is especially helpful for investors from countries with EB-5 visa backlogs<\/a>. By pursuing a rural TEA project<\/a>, an EB-5 investor can receive priority processing. <\/p>\nThe cost savings of this approach are also significant.<\/p>\n
The typical minimum investment amount for an EB-5 project is $1,050,000. However, for an EB-5 investment made in a designated TEA, the minimum EB-5 investment amount is only $800,000. <\/p>\n
Follow All Requirements and Submit a Complete Set of Application Documents <\/h4>\n
Investors need to note that EB-5 applications are sometimes held up because USCIS has to request additional information from them. <\/p>\n
Avoid the hassle and delays by ensuring you\u2019ve fulfilled all of the EB-5 program criteria and answered all questions fully and accurately when you submit your I-526 paperwork.<\/p>\n
Each investor should submit a complete set of documents, including a strong business plan<\/a>, in their immigrant investor petition for USCIS. <\/p>\nThe exact mix will vary depending on individual circumstances and investment type. Since most EB-5 investors choose to invest via regional centers, we focus on the paperwork required under Form I-526E<\/a>. <\/p>\nYour petition must answer questions related to the following:<\/p>\n
\n- Petition type.<\/li>\n
- Biographic information about the investor, their spouse, and children. <\/li>\n
- Information about the regional center and project application.<\/li>\n
- Proof the foreign national has made the minimum required capital investment and that these funds were lawfully obtained. <\/li>\n
- Visa processing and immigration proceedings.<\/li>\n
- Bona fides of those involved with the regional center program.<\/li>\n
- Involvement in the regional center program.<\/li>\n<\/ul>\n
You must also submit the following evidence with your I-526E petition:<\/p>\n
\n- Receipt notice for an investment in a USCIS-designated regional center.<\/li>\n
- Evidence you have invested or are investing the required amount of capital.<\/li>\n
- Evidence the investment capital was obtained through lawful means.<\/li>\n
- Photocopy of government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Do not forget to sign Form I-526E. USCIS rejects all unsigned forms.<\/p>\n
File Form I-485 at the Same Time<\/h4>\n
An investor must also file Form I-485<\/a> to shift from nonimmigrant status to immigrant status and obtain conditional permanent residency. The I-485 petition for adjustment of status can be filed concurrently<\/a> with Form I-526 or I-526E in the case of investors who are already present in the United States.<\/p>\nThis option is available to investors whose country is listed as \u201cC\u201d or \u201ccurrent\u201d\u2014which means the country does not have a visa backlog, so the investor can apply for a visa\u2014on the Visa Bulletin. <\/p>\n
This change eliminates the additional wait time for I-485 adjudication, allowing non-resident EB-5 participants to live, work, or attend school in the U.S. while waiting for their I-526 or I-526E petitions to be adjudicated.<\/p>\n
The filing fee for Form I-485 to adjust status is currently $1,140, per USCIS I-485 filing instructions updated on February 21, 2023. This will increase to $1,440 with the USCIS price increase of April 1, 2024<\/a>.<\/p>\nHave Your Other Filing Fee Payments Ready<\/h4>\n
<\/p>\n
The filing fee for either Form I-526 or Form I-526E is currently $3,675, but will increase to $11,160 in April. <\/p>\n
EB-5 investors should check the USCIS website<\/a> for the latest information.<\/p>\nThis non-refundable filing fee should be in the form of a check or a money order drawn from a U.S. bank or financial institution in U.S. currency. <\/p>\n
Original checks will not be returned. If a check comes back unpayable twice, the I-526 petition will be rejected and the investor will be charged a fee. <\/p>\n
Investors living outside the United States can contact their nearest U.S. embassy or consulate for instructions on how to submit payment.<\/p>\n
Work With a Professional to File Your Petition<\/h4>\n
An immigration attorney usually files Form I-526 or Form I-526E on the investor\u2019s behalf. <\/p>\n
This person will check to ensure you have submitted copies of all required vital documents and enough evidence of the legal source of your investment funds. <\/p>\n
Having the services of an experienced immigration lawyer<\/a> will improve the chances of an EB-5 investor getting their Form I-526 or I-526E approved the first time, saving the investor the hassle of filing multiple petitions.<\/p>\nWhat to Do If Your I-526 Petition Is Still Taking Too Long<\/h3>\n
<\/p>\n
It\u2019s possible for an investor to follow all of the guidance above and still experience excessive wait times. If you find yourself in this situation, you have a few options to pursue.<\/p>\n
Submit a Formal Inquiry<\/h4>\n
USCIS allows an investor to submit a formal inquiry if their I-526 adjudication is taking significantly longer than the currently listed I 526 processing time on the USCIS website. This is an option if your application\u2019s processing time exceeds that of 93% of other applications, which is far above the normal processing time. <\/p>\n
To find out whether their petition is eligible for a formal inquiry, an EB-5 investor should:<\/p>\n
\n- Go to the USCIS processing times page.<\/li>\n
- Choose Form I-526 from the dropdown menu.<\/li>\n
- Enter their I-526 filing receipt number.<\/li>\n<\/ul>\n
If the investor\u2019s petition adjudication is eligible for inquiry, a prompt will appear with further instructions about how to send an inquiry to the Immigrant Investor Program Office, the office within USCIS that adjudicates EB-5 petitions. <\/p>\n
Allow 14 days for the office to respond.<\/p>\n
Request Expedited Processing <\/h4>\n
In extreme cases, USCIS also allows for expedited adjudication of an investor\u2019s I-526 or I-526E petition. <\/p>\n
However, few EB-5 projects meet USCIS\u2019 qualifications for expedited processing.<\/p>\n
According to the USCIS website, the Immigrant Investor Program Office will only consider an expedite request if it meets one or more of the following criteria or circumstances:<\/p>\n
\n- Severe financial loss to a company or person.<\/li>\n
- Emergencies and urgent humanitarian reasons.<\/li>\n
- U.S. government interests. <\/li>\n
- Clear USCIS error.<\/li>\n<\/ul>\n
Investors whose circumstances fit one or more of the criteria above will not automatically qualify for priority processing, however.<\/p>\n
If an investor has the opportunity to invest in an EB-5 project with expedited processing<\/a> approval, the investor and their family should consider doing so.<\/p>\nFile a Writ of Mandamus<\/h4>\n
As a last resort, an EB-5 investor may take legal action by filing a writ of mandamus, under which a U.S. federal court would mandate that USCIS adjudicate Form I-526. However, the court cannot direct USCIS to approve the application; it can only compel a decision.<\/p>\n
The investor would need to prove that they were subjected to an unreasonable delay that caused them harm.<\/p>\n
EB5AN does not recommend pursuing this course of action without legal counsel.<\/p>\n
<\/p>\n
Contact EB5AN for Help With Your EB-5 Application<\/h3>\n
The most important thing you can do to get your EB-5 application approved swiftly is to partner with the right professionals in the field. <\/p>\n
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team<\/a> has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.<\/p>\nIf you\u2019re ready to start investing in an EB-5 project via a regional center, visit our page listing available EB-5 projects. <\/p>\n
Contact EB5AN for Help With Your EB-5 Application<\/a><\/h6>\n<\/div>\nWhat Are the I-526 and I-526E Petitions and Why Do They Matter? <\/h3>\n
The I-526 petition is one of the most important forms for an EB-5 applicant. USCIS needs this form to determine whether an investor has complied with the requirements of the EB-5 Immigrant Investor Program<\/a>. It is not possible to receive conditional residency\u2014or later, a permanent Green Card\u2014without an approved I-526.<\/p>\nAn applicant must submit one of the following forms to qualify for an EB-5 visa, depending on the kind of investment they are making:<\/p>\n
\n- Form I-526, Immigrant Petition by Standalone Investor.<\/li>\n
- Form I-526E, Immigrant Petition by Regional Center Investor.<\/li>\n<\/ul>\n
Investors must also file supporting evidence and documentation<\/a> of their EB-5 compliance.<\/p>\nWhat Is Form I-526?<\/h4>\n
Form I-526, Immigrant Petition by Standalone Investor, is for EB-5 immigrant investors who directly invest their EB-5 capital in a qualifying new commercial enterprise (NCE) by themselves. <\/p>\n
A standalone investor is responsible for much of the business\u2019s day-to-day management. <\/p>\n
\nNew Commercial Enterprises<\/strong><\/p>\nAn NCE is usually a for-profit U.S. business that engages in lawful commercial activity and was established after November 29, 1990. Nearly any industry may qualify for EB-5 funding. A business established on or before that date also counts if it is reorganized to yield a new commercial or enterprise or if investment expands its net worth or number of employees by at least 40%.<\/p>\n<\/div>\n
What Is Form I-526E?<\/h4>\n
Form I-526E, Immigrant Petition by Regional Center Investor, is for EB-5 participants who invest via the regional center program. This is possible when a USCIS-designated regional center has proved that it supports the EB-5 program\u2019s goals of stimulating the U.S. economy through job creation and foreign investment. <\/p>\n
A regional center sponsors an EB-5 project in a specific geographic area. It also provides receipts and invoices to USCIS to verify that the investor created at least 10 full-time jobs required<\/a> under the EB-5 program. <\/p>\nThe vast majority of EB-5 investors choose the regional center option, primarily because it offers the following benefits:<\/p>\n
\n- Easier tracking and documentation.<\/li>\n
- Fewer management responsibilities.<\/li>\n
- Greater flexibility in meeting job creation requirements.<\/li>\n
- Ability to pool funds from multiple EB-5 investors, making larger investment projects possible.<\/li>\n<\/ul>\n
But pursuing this option alone won\u2019t guarantee a quick petition approval.<\/p>\n
<\/p>\n
I-526 Processing Times<\/h3>\n
The median processing time for Form I-526 has increased every year since 2019, judging by USCIS\u2019s Historical National Median Processing Time page<\/a>. <\/p>\nIn FY 2019, the median processing time was 19 months. However, by FY 2024 so far, the median processing time has jumped to 51.9 months. <\/p>\n
Why Does Form I-526 Take So Long to Process?<\/h4>\n
Processing petitions is time-consuming work, and USCIS cannot adjudicate all of them promptly. The growing backlog reflects several factors.<\/p>\n
First, the popularity of the EB-5 program has increased since it was established in 1990. USCIS now receives thousands of applications each year and needs to carefully examine all immigrant petitions. <\/p>\n
Second, the COVID-19 pandemic has contributed to the I-526 backlog. For most of FY 2020-21, all U.S. consulates and embassies and nearly all immigration services were shut down. <\/p>\n
USCIS staffing levels, policy and operational changes, and how long an applicant takes to respond to a request for more information are additional factors that affect processing efficiency.<\/p>\n
Wait times also vary considerably depending on an investor\u2019s nationality. As of March 2024, the wait time to adjudicate 80% of I-526 petitions from mainland China is 88 months, according to the USCIS processing times page<\/a>. However, the wait time to process 80% of I-526 petitions from all other countries is a relatively short 55.5 months.<\/p>\nWhy is there such a large difference? <\/p>\n
The Immigration and Nationality Act<\/a> requires that no more than 7% of available EB-5 visas be allocated to each participating nation. So an applicant from a populous, high-demand country will generally face more competition for an immigrant visa and a longer wait time.<\/p>\nInvestors can check the latest processing times updates at any time on the USCIS website. <\/p>\n
<\/p>\n
How Is the I-526 Processing Time Calculated?<\/h4>\n
The processing time figures reflect how much time it took USCIS to finish 80% of adjudicated cases. This figure is determined by counting the number of days between the receipt of an application and its decision on the case.<\/p>\n
For example, suppose USCIS receives an application on January 26, 2024, and approves it on March 7, 2024. The processing time for this example is 42 days.<\/p>\n
USCIS determines a processing time for each application it adjudicates in March 2024 and in the five preceding months.<\/p>\n
Next, USCIS calculates how much time it took to decide on 80% of the cases during the six-month period. The resulting number becomes the processing time displayed on the USCIS page. <\/p>\n
How Do Long Processing Times Harm Investors?<\/h4>\n
In addition to simply causing stress for EB-5 investors and their families, delayed processing can create other adverse consequences.<\/p>\n
The longer an investor has to wait for I-526 adjudication, the more likely it is that their NCE could face unexpected business troubles. This could potentially jeopardize an investor\u2019s compliance in the eyes of USCIS. <\/p>\n
Investors\u2019 unmarried children under the age of 21 could also age out of the EB-5 program before USCIS grants I-526 approval. <\/p>\n
These issues could pose an immigration risk to investors.<\/p>\n
How to Shorten Your I-526 Processing Time<\/h3>\n
<\/p>\n
Fortunately, prospective EB-5 investors can do several things to get their applications approved speedily.<\/p>\n
One is to choose an EB-5 project wisely.<\/p>\n
Invest in a Targeted Employment Area <\/h4>\n
Investors who want to avoid excessive wait times while saving hundreds of thousands of dollars should keep targeted employment areas (TEAs)<\/a> in mind.<\/p>\nThe United States created the EB-5 program to stimulate economic growth and create jobs for American workers. TEAs are high-unemployment or rural areas that need these jobs. So the United States reserves 32% of the total visa pool<\/a> for individuals who invest in those projects or selected public infrastructure projects\u2014another priority for investment.<\/p>\nThis approach is especially helpful for investors from countries with EB-5 visa backlogs<\/a>. By pursuing a rural TEA project<\/a>, an EB-5 investor can receive priority processing. <\/p>\nThe cost savings of this approach are also significant.<\/p>\n
The typical minimum investment amount for an EB-5 project is $1,050,000. However, for an EB-5 investment made in a designated TEA, the minimum EB-5 investment amount is only $800,000. <\/p>\n
Follow All Requirements and Submit a Complete Set of Application Documents <\/h4>\n
Investors need to note that EB-5 applications are sometimes held up because USCIS has to request additional information from them. <\/p>\n
Avoid the hassle and delays by ensuring you\u2019ve fulfilled all of the EB-5 program criteria and answered all questions fully and accurately when you submit your I-526 paperwork.<\/p>\n
Each investor should submit a complete set of documents, including a strong business plan<\/a>, in their immigrant investor petition for USCIS. <\/p>\nThe exact mix will vary depending on individual circumstances and investment type. Since most EB-5 investors choose to invest via regional centers, we focus on the paperwork required under Form I-526E<\/a>. <\/p>\nYour petition must answer questions related to the following:<\/p>\n
\n- Petition type.<\/li>\n
- Biographic information about the investor, their spouse, and children. <\/li>\n
- Information about the regional center and project application.<\/li>\n
- Proof the foreign national has made the minimum required capital investment and that these funds were lawfully obtained. <\/li>\n
- Visa processing and immigration proceedings.<\/li>\n
- Bona fides of those involved with the regional center program.<\/li>\n
- Involvement in the regional center program.<\/li>\n<\/ul>\n
You must also submit the following evidence with your I-526E petition:<\/p>\n
\n- Receipt notice for an investment in a USCIS-designated regional center.<\/li>\n
- Evidence you have invested or are investing the required amount of capital.<\/li>\n
- Evidence the investment capital was obtained through lawful means.<\/li>\n
- Photocopy of government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Do not forget to sign Form I-526E. USCIS rejects all unsigned forms.<\/p>\n
File Form I-485 at the Same Time<\/h4>\n
An investor must also file Form I-485<\/a> to shift from nonimmigrant status to immigrant status and obtain conditional permanent residency. The I-485 petition for adjustment of status can be filed concurrently<\/a> with Form I-526 or I-526E in the case of investors who are already present in the United States.<\/p>\nThis option is available to investors whose country is listed as \u201cC\u201d or \u201ccurrent\u201d\u2014which means the country does not have a visa backlog, so the investor can apply for a visa\u2014on the Visa Bulletin. <\/p>\n
This change eliminates the additional wait time for I-485 adjudication, allowing non-resident EB-5 participants to live, work, or attend school in the U.S. while waiting for their I-526 or I-526E petitions to be adjudicated.<\/p>\n
The filing fee for Form I-485 to adjust status is currently $1,140, per USCIS I-485 filing instructions updated on February 21, 2023. This will increase to $1,440 with the USCIS price increase of April 1, 2024<\/a>.<\/p>\nHave Your Other Filing Fee Payments Ready<\/h4>\n
<\/p>\n
The filing fee for either Form I-526 or Form I-526E is currently $3,675, but will increase to $11,160 in April. <\/p>\n
EB-5 investors should check the USCIS website<\/a> for the latest information.<\/p>\nThis non-refundable filing fee should be in the form of a check or a money order drawn from a U.S. bank or financial institution in U.S. currency. <\/p>\n
Original checks will not be returned. If a check comes back unpayable twice, the I-526 petition will be rejected and the investor will be charged a fee. <\/p>\n
Investors living outside the United States can contact their nearest U.S. embassy or consulate for instructions on how to submit payment.<\/p>\n
Work With a Professional to File Your Petition<\/h4>\n
An immigration attorney usually files Form I-526 or Form I-526E on the investor\u2019s behalf. <\/p>\n
This person will check to ensure you have submitted copies of all required vital documents and enough evidence of the legal source of your investment funds. <\/p>\n
Having the services of an experienced immigration lawyer<\/a> will improve the chances of an EB-5 investor getting their Form I-526 or I-526E approved the first time, saving the investor the hassle of filing multiple petitions.<\/p>\nWhat to Do If Your I-526 Petition Is Still Taking Too Long<\/h3>\n
<\/p>\n
It\u2019s possible for an investor to follow all of the guidance above and still experience excessive wait times. If you find yourself in this situation, you have a few options to pursue.<\/p>\n
Submit a Formal Inquiry<\/h4>\n
USCIS allows an investor to submit a formal inquiry if their I-526 adjudication is taking significantly longer than the currently listed I 526 processing time on the USCIS website. This is an option if your application\u2019s processing time exceeds that of 93% of other applications, which is far above the normal processing time. <\/p>\n
To find out whether their petition is eligible for a formal inquiry, an EB-5 investor should:<\/p>\n
\n- Go to the USCIS processing times page.<\/li>\n
- Choose Form I-526 from the dropdown menu.<\/li>\n
- Enter their I-526 filing receipt number.<\/li>\n<\/ul>\n
If the investor\u2019s petition adjudication is eligible for inquiry, a prompt will appear with further instructions about how to send an inquiry to the Immigrant Investor Program Office, the office within USCIS that adjudicates EB-5 petitions. <\/p>\n
Allow 14 days for the office to respond.<\/p>\n
Request Expedited Processing <\/h4>\n
In extreme cases, USCIS also allows for expedited adjudication of an investor\u2019s I-526 or I-526E petition. <\/p>\n
However, few EB-5 projects meet USCIS\u2019 qualifications for expedited processing.<\/p>\n
According to the USCIS website, the Immigrant Investor Program Office will only consider an expedite request if it meets one or more of the following criteria or circumstances:<\/p>\n
\n- Severe financial loss to a company or person.<\/li>\n
- Emergencies and urgent humanitarian reasons.<\/li>\n
- U.S. government interests. <\/li>\n
- Clear USCIS error.<\/li>\n<\/ul>\n
Investors whose circumstances fit one or more of the criteria above will not automatically qualify for priority processing, however.<\/p>\n
If an investor has the opportunity to invest in an EB-5 project with expedited processing<\/a> approval, the investor and their family should consider doing so.<\/p>\nFile a Writ of Mandamus<\/h4>\n
As a last resort, an EB-5 investor may take legal action by filing a writ of mandamus, under which a U.S. federal court would mandate that USCIS adjudicate Form I-526. However, the court cannot direct USCIS to approve the application; it can only compel a decision.<\/p>\n
The investor would need to prove that they were subjected to an unreasonable delay that caused them harm.<\/p>\n
EB5AN does not recommend pursuing this course of action without legal counsel.<\/p>\n
<\/p>\n
Contact EB5AN for Help With Your EB-5 Application<\/h3>\n
The most important thing you can do to get your EB-5 application approved swiftly is to partner with the right professionals in the field. <\/p>\n
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team<\/a> has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.<\/p>\nIf you\u2019re ready to start investing in an EB-5 project via a regional center, visit our page listing available EB-5 projects. <\/p>\n
An applicant must submit one of the following forms to qualify for an EB-5 visa, depending on the kind of investment they are making:<\/p>\n
- \n
- Form I-526, Immigrant Petition by Standalone Investor.<\/li>\n
- Form I-526E, Immigrant Petition by Regional Center Investor.<\/li>\n<\/ul>\n
Investors must also file supporting evidence and documentation<\/a> of their EB-5 compliance.<\/p>\n
What Is Form I-526?<\/h4>\n
Form I-526, Immigrant Petition by Standalone Investor, is for EB-5 immigrant investors who directly invest their EB-5 capital in a qualifying new commercial enterprise (NCE) by themselves. <\/p>\n
A standalone investor is responsible for much of the business\u2019s day-to-day management. <\/p>\n
\nNew Commercial Enterprises<\/strong><\/p>\n
An NCE is usually a for-profit U.S. business that engages in lawful commercial activity and was established after November 29, 1990. Nearly any industry may qualify for EB-5 funding. A business established on or before that date also counts if it is reorganized to yield a new commercial or enterprise or if investment expands its net worth or number of employees by at least 40%.<\/p>\n<\/div>\n
What Is Form I-526E?<\/h4>\n
Form I-526E, Immigrant Petition by Regional Center Investor, is for EB-5 participants who invest via the regional center program. This is possible when a USCIS-designated regional center has proved that it supports the EB-5 program\u2019s goals of stimulating the U.S. economy through job creation and foreign investment. <\/p>\n
A regional center sponsors an EB-5 project in a specific geographic area. It also provides receipts and invoices to USCIS to verify that the investor created at least 10 full-time jobs required<\/a> under the EB-5 program. <\/p>\n
The vast majority of EB-5 investors choose the regional center option, primarily because it offers the following benefits:<\/p>\n
- \n
- Easier tracking and documentation.<\/li>\n
- Fewer management responsibilities.<\/li>\n
- Greater flexibility in meeting job creation requirements.<\/li>\n
- Ability to pool funds from multiple EB-5 investors, making larger investment projects possible.<\/li>\n<\/ul>\n
But pursuing this option alone won\u2019t guarantee a quick petition approval.<\/p>\n
<\/p>\nI-526 Processing Times<\/h3>\n
The median processing time for Form I-526 has increased every year since 2019, judging by USCIS\u2019s Historical National Median Processing Time page<\/a>. <\/p>\n
In FY 2019, the median processing time was 19 months. However, by FY 2024 so far, the median processing time has jumped to 51.9 months. <\/p>\n
Why Does Form I-526 Take So Long to Process?<\/h4>\n
Processing petitions is time-consuming work, and USCIS cannot adjudicate all of them promptly. The growing backlog reflects several factors.<\/p>\n
First, the popularity of the EB-5 program has increased since it was established in 1990. USCIS now receives thousands of applications each year and needs to carefully examine all immigrant petitions. <\/p>\n
Second, the COVID-19 pandemic has contributed to the I-526 backlog. For most of FY 2020-21, all U.S. consulates and embassies and nearly all immigration services were shut down. <\/p>\n
USCIS staffing levels, policy and operational changes, and how long an applicant takes to respond to a request for more information are additional factors that affect processing efficiency.<\/p>\n
Wait times also vary considerably depending on an investor\u2019s nationality. As of March 2024, the wait time to adjudicate 80% of I-526 petitions from mainland China is 88 months, according to the USCIS processing times page<\/a>. However, the wait time to process 80% of I-526 petitions from all other countries is a relatively short 55.5 months.<\/p>\n
Why is there such a large difference? <\/p>\n
The Immigration and Nationality Act<\/a> requires that no more than 7% of available EB-5 visas be allocated to each participating nation. So an applicant from a populous, high-demand country will generally face more competition for an immigrant visa and a longer wait time.<\/p>\n
Investors can check the latest processing times updates at any time on the USCIS website. <\/p>\n
<\/p>\nHow Is the I-526 Processing Time Calculated?<\/h4>\n
The processing time figures reflect how much time it took USCIS to finish 80% of adjudicated cases. This figure is determined by counting the number of days between the receipt of an application and its decision on the case.<\/p>\n
For example, suppose USCIS receives an application on January 26, 2024, and approves it on March 7, 2024. The processing time for this example is 42 days.<\/p>\n
USCIS determines a processing time for each application it adjudicates in March 2024 and in the five preceding months.<\/p>\n
Next, USCIS calculates how much time it took to decide on 80% of the cases during the six-month period. The resulting number becomes the processing time displayed on the USCIS page. <\/p>\n
How Do Long Processing Times Harm Investors?<\/h4>\n
In addition to simply causing stress for EB-5 investors and their families, delayed processing can create other adverse consequences.<\/p>\n
The longer an investor has to wait for I-526 adjudication, the more likely it is that their NCE could face unexpected business troubles. This could potentially jeopardize an investor\u2019s compliance in the eyes of USCIS. <\/p>\n
Investors\u2019 unmarried children under the age of 21 could also age out of the EB-5 program before USCIS grants I-526 approval. <\/p>\n
These issues could pose an immigration risk to investors.<\/p>\n
How to Shorten Your I-526 Processing Time<\/h3>\n
<\/p>\nFortunately, prospective EB-5 investors can do several things to get their applications approved speedily.<\/p>\n
One is to choose an EB-5 project wisely.<\/p>\n
Invest in a Targeted Employment Area <\/h4>\n
Investors who want to avoid excessive wait times while saving hundreds of thousands of dollars should keep targeted employment areas (TEAs)<\/a> in mind.<\/p>\n
The United States created the EB-5 program to stimulate economic growth and create jobs for American workers. TEAs are high-unemployment or rural areas that need these jobs. So the United States reserves 32% of the total visa pool<\/a> for individuals who invest in those projects or selected public infrastructure projects\u2014another priority for investment.<\/p>\n
This approach is especially helpful for investors from countries with EB-5 visa backlogs<\/a>. By pursuing a rural TEA project<\/a>, an EB-5 investor can receive priority processing. <\/p>\n
The cost savings of this approach are also significant.<\/p>\n
The typical minimum investment amount for an EB-5 project is $1,050,000. However, for an EB-5 investment made in a designated TEA, the minimum EB-5 investment amount is only $800,000. <\/p>\n
Follow All Requirements and Submit a Complete Set of Application Documents <\/h4>\n
Investors need to note that EB-5 applications are sometimes held up because USCIS has to request additional information from them. <\/p>\n
Avoid the hassle and delays by ensuring you\u2019ve fulfilled all of the EB-5 program criteria and answered all questions fully and accurately when you submit your I-526 paperwork.<\/p>\n
Each investor should submit a complete set of documents, including a strong business plan<\/a>, in their immigrant investor petition for USCIS. <\/p>\n
The exact mix will vary depending on individual circumstances and investment type. Since most EB-5 investors choose to invest via regional centers, we focus on the paperwork required under Form I-526E<\/a>. <\/p>\n
Your petition must answer questions related to the following:<\/p>\n
- \n
- Petition type.<\/li>\n
- Biographic information about the investor, their spouse, and children. <\/li>\n
- Information about the regional center and project application.<\/li>\n
- Proof the foreign national has made the minimum required capital investment and that these funds were lawfully obtained. <\/li>\n
- Visa processing and immigration proceedings.<\/li>\n
- Bona fides of those involved with the regional center program.<\/li>\n
- Involvement in the regional center program.<\/li>\n<\/ul>\n
You must also submit the following evidence with your I-526E petition:<\/p>\n
- \n
- Receipt notice for an investment in a USCIS-designated regional center.<\/li>\n
- Evidence you have invested or are investing the required amount of capital.<\/li>\n
- Evidence the investment capital was obtained through lawful means.<\/li>\n
- Photocopy of government-issued identification, such as a passport.<\/li>\n<\/ul>\n
Do not forget to sign Form I-526E. USCIS rejects all unsigned forms.<\/p>\n
File Form I-485 at the Same Time<\/h4>\n
An investor must also file Form I-485<\/a> to shift from nonimmigrant status to immigrant status and obtain conditional permanent residency. The I-485 petition for adjustment of status can be filed concurrently<\/a> with Form I-526 or I-526E in the case of investors who are already present in the United States.<\/p>\n
This option is available to investors whose country is listed as \u201cC\u201d or \u201ccurrent\u201d\u2014which means the country does not have a visa backlog, so the investor can apply for a visa\u2014on the Visa Bulletin. <\/p>\n
This change eliminates the additional wait time for I-485 adjudication, allowing non-resident EB-5 participants to live, work, or attend school in the U.S. while waiting for their I-526 or I-526E petitions to be adjudicated.<\/p>\n
The filing fee for Form I-485 to adjust status is currently $1,140, per USCIS I-485 filing instructions updated on February 21, 2023. This will increase to $1,440 with the USCIS price increase of April 1, 2024<\/a>.<\/p>\n
Have Your Other Filing Fee Payments Ready<\/h4>\n
<\/p>\nThe filing fee for either Form I-526 or Form I-526E is currently $3,675, but will increase to $11,160 in April. <\/p>\n
EB-5 investors should check the USCIS website<\/a> for the latest information.<\/p>\n
This non-refundable filing fee should be in the form of a check or a money order drawn from a U.S. bank or financial institution in U.S. currency. <\/p>\n
Original checks will not be returned. If a check comes back unpayable twice, the I-526 petition will be rejected and the investor will be charged a fee. <\/p>\n
Investors living outside the United States can contact their nearest U.S. embassy or consulate for instructions on how to submit payment.<\/p>\n
Work With a Professional to File Your Petition<\/h4>\n
An immigration attorney usually files Form I-526 or Form I-526E on the investor\u2019s behalf. <\/p>\n
This person will check to ensure you have submitted copies of all required vital documents and enough evidence of the legal source of your investment funds. <\/p>\n
Having the services of an experienced immigration lawyer<\/a> will improve the chances of an EB-5 investor getting their Form I-526 or I-526E approved the first time, saving the investor the hassle of filing multiple petitions.<\/p>\n
What to Do If Your I-526 Petition Is Still Taking Too Long<\/h3>\n
<\/p>\nIt\u2019s possible for an investor to follow all of the guidance above and still experience excessive wait times. If you find yourself in this situation, you have a few options to pursue.<\/p>\n
Submit a Formal Inquiry<\/h4>\n
USCIS allows an investor to submit a formal inquiry if their I-526 adjudication is taking significantly longer than the currently listed I 526 processing time on the USCIS website. This is an option if your application\u2019s processing time exceeds that of 93% of other applications, which is far above the normal processing time. <\/p>\n
To find out whether their petition is eligible for a formal inquiry, an EB-5 investor should:<\/p>\n
- \n
- Go to the USCIS processing times page.<\/li>\n
- Choose Form I-526 from the dropdown menu.<\/li>\n
- Enter their I-526 filing receipt number.<\/li>\n<\/ul>\n
If the investor\u2019s petition adjudication is eligible for inquiry, a prompt will appear with further instructions about how to send an inquiry to the Immigrant Investor Program Office, the office within USCIS that adjudicates EB-5 petitions. <\/p>\n
Allow 14 days for the office to respond.<\/p>\n
Request Expedited Processing <\/h4>\n
In extreme cases, USCIS also allows for expedited adjudication of an investor\u2019s I-526 or I-526E petition. <\/p>\n
However, few EB-5 projects meet USCIS\u2019 qualifications for expedited processing.<\/p>\n
According to the USCIS website, the Immigrant Investor Program Office will only consider an expedite request if it meets one or more of the following criteria or circumstances:<\/p>\n
- \n
- Severe financial loss to a company or person.<\/li>\n
- Emergencies and urgent humanitarian reasons.<\/li>\n
- U.S. government interests. <\/li>\n
- Clear USCIS error.<\/li>\n<\/ul>\n
Investors whose circumstances fit one or more of the criteria above will not automatically qualify for priority processing, however.<\/p>\n
If an investor has the opportunity to invest in an EB-5 project with expedited processing<\/a> approval, the investor and their family should consider doing so.<\/p>\n
File a Writ of Mandamus<\/h4>\n
As a last resort, an EB-5 investor may take legal action by filing a writ of mandamus, under which a U.S. federal court would mandate that USCIS adjudicate Form I-526. However, the court cannot direct USCIS to approve the application; it can only compel a decision.<\/p>\n
The investor would need to prove that they were subjected to an unreasonable delay that caused them harm.<\/p>\n
EB5AN does not recommend pursuing this course of action without legal counsel.<\/p>\n
<\/p>\nContact EB5AN for Help With Your EB-5 Application<\/h3>\n
The most important thing you can do to get your EB-5 application approved swiftly is to partner with the right professionals in the field. <\/p>\n
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team<\/a> has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval rate to date.<\/p>\n
If you\u2019re ready to start investing in an EB-5 project via a regional center, visit our page listing available EB-5 projects. <\/p>\n