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EB-5 Visa Green Card: Processing Time
Once you have selected an EB-5 project, there are steps and factors that follow that impact for the duration of your EB-5 process to obtain a green card. It is important that you work with experienced EB-5 immigration professionals like the experts at Dynaxe Capital, to guide you throughout the EB-5 immigration process in order to achieve maximum efficiency for you and your family.
Preparing and Filing your I-526 Petition
The first critical step of the EB-5 process is the filing of an I-526 petition. This form declares the investor’s intent to immigrate to the United States under the EB-5 program and provides detailed evidence that the investor has made or is making an investment in a qualifying new commercial enterprise that will create 10 full-time jobs within the two years of their conditional residence period. You and your immigration attorney will begin due diligence on your personal lawful source of investment and gathering all information necessary for a successful filing. The duration of this step is distinct to every investor as each will have their own individual circumstances surrounding their lawful source of funds. What could take only several days for some, could take several weeks for others depending on the complexity of the due diligence required for their funds.
I-526 Petition Processing
Once your I-526 petition has been filed with the Immigrant Investor Program Office (IPO), the actual processing and adjudication time of your petition will depend on various circumstances such as:
- Your country of origin
- Visa availability
- Complexity of your source of funds and potential errors
- The project you are investing in
General estimated ranges produced by USCIS are based on data captured as recent as two months prior.
Consular Processing or Adjustment of Status
Once your I-526 Petition is approved, your immigration attorney will file your I-485 Petition to Register Permanent Residence or Adjustment of Status if they are already in the U.S to begin your conditional two-year permanent residence in the United States. EB-5 investors living outside of the Unites States will file a DS-260 and continue the process through a local U.S. embassy or consulate.
Consular Processing: DS-260 Filing
You and your family members must file the DS-260 application with the National Visa Center (NVC). After the NVC reviews the application, it is forwarded to the U.S. consulate of your country of origin for processing and interview scheduling.
Adjustment of Status: I-485 Filing
You and your family members in the United States with nonimmigrant status will file Form I-485 to adjust their status to conditional permanent residency.
Processing times for the I-485 petition vary depending on the USCIS field office. EB-5 investors with pending I-485 petitions may apply for and obtain work and travel authorization.
Remove Conditions on Permanent Resident Status
Once you have achieved conditional permanent residency, you (or your Regional Center) will have two years to prove that your EB-5 investment has created 10 full-time jobs. Within 90 days of this deadline, your immigration attorney must file an I-829 petition for removal of conditions of permanent residence and provide accompanying documentation that demonstrates you have met all the criteria of the EB-5 program. Your EB-5 investment must remain “at risk” until the I-829 petition is approved.
For more information, contact one of our EB-5 experts today!
