However, I think the lawsuits, plus the new leadership at USCIS and IPO, may change things, says Klasko. Once demand for reserved visas exceeds availability, a backlog will begin for this reserved category as well. Thus, all 3,200 visas in a year could be issued to the three backlogged countries. I-526 processing & EB-5 visa wait times in 2022 and beyond (PDF, 208.25 KB). The 60% minimum investment increase, we believe may reasonably eliminate half the previous market. After the I-360 petition is approved, the applicant must wait for a visa to become available. This paper will focus on the how the different processing options in 2022 may impact I-526 processing times, and how the RIA impacts new EB-5 investors in terms of visa availability. WebEB-5 Visa Cost. Some people may wonder if the 7% country cap still applies to the 10,000 overall visa (in a standard year) or just the 6,800 non-reserved visas. EB-5 processing times in February 2021: I-526 processing time for petitioners from mainland China continued to rise. Green Card Interview for Employment-Based Adjustment of Status 7. After approval of either adjustment of status or consular processing, the principal petitioner and his or her family can live in the U.S on conditional permanent residency. Each category has its own specific requirements, so it is important to review the USCIS website or consult with an immigration attorney to determine your eligibility. The EB-5 Investor Visa, Explained - Boundless WebThe current processing time for Form I-360 is 7.7, according to USCIS historical processing data. For applicants filing from outside the United States, their case will be transferred to the National Visa Center (NVC). Learn more about what Boundless can do to help. Start the application with Boundless within the next 14 days, and you'll save $50. Receive conditional permanent residency, Standard processing and what immigration lawyers expect, was the most optimistic in his projection: My sense is that a conservative estimate of 24-30 months for a standard, non-expedited processing will be a safe bet moving forward given the fact that this was a common processing time range prior to the Regional Center Program lapse., offers his perspective: "We are seeing regional center cases from 2015 to late-2018 get approved right now (usually with the help of a mandamus)., Veteran lawyer and former USCIS Acting Director, holds a similar view: The last we knew,standard (non-expedited) I-526 processingtimes was four or five years., Divines estimate falls in line with what USCIS, at the time of this writing (August 2022) is publishing on their, Can we be hopeful about the future of standard processing getting back to the times we saw several years ago? As of November 2021, there were 44,357 Chinese applicants waiting for a visa at the National Visa Center (NVC). Yanovich thinks is a possibility: Yes, I suspect that priority processing will be some form of expedited processing. The productivity of the USCIS has remained steady, processing between 600 and almost 800 filings per quarter, with 2Q FY 2021 being the least productive period - just as it was the case with I-526 adjudications. Fox-Isicoff says the only hope is to strip USCIS of the management of the program. Updated: 28 March 2023 Your Guide to EB5 Investor Visa At Get Golden Visa, we worked with investors and families from all over the world interested in getting investment visa to the USA. Are There Any Differences Between the Adjustment of Status Processes? Without reserved visas, its interesting to remember that 1000 rest of world filings (resulting in 5,520 visas issued), combined with 2,100 by-right visas to the top three countries, would result in about 5,380 unused visas a year going to the Chinese backlog; combined with the 700 visas China gets by right, this would clear the backlog of 52,000 (starting in 2025) in about eight and a half years after 2025, or in about 11.5 years from 2022. Questions and Answers: EB-5 Immigrant Investor Program As of November 2021, there were 1,328 Vietnamese applicants waiting for a visa at the National Visa Center (NVC) and an estimated 1,006 Vietnamese I-526 petitions on file with USCIS, waiting to be adjudicated. However, certain categories, such as religious workers, may have more flexibility in terms of employer changes. TTY 800-767-1833. To avoid the higher fees, its important to file your application before the rule goes into effect. To avoid the higher fees, its important to file your application before the rule goes into effect. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS. Some of the changes include showing a processing time range with two numbersthe first number is the time it takes to complete 50% of cases (the median) But and this could be crucial if correct much of what the Chinese backlog loses from the 3,200 reserved visas, it very likely gains back by reduced rest of the world EB-5 demand. At the time of this publishing (summer 2022), we have seen one investor who filed in 2022 with expedited processing receive I-526 approval in seven months (but are also aware of other investors with expedited processing waiting more than seven months). From FY 2017 to FY 2022, the median adjustment of status processing times for employment-cased forms across all service centers has ranged from seven months (FY 2017) to 10.6 months (FY 2018). Green Card for Employment-Based Immigrants | USCIS How long should it take USCIS to adjudicate 50 applications from the same project? The U.S. Seattle, WA 98121. Eb-5 Visa has a long waiting time. Copyright 2023eb5investors.com|Privacy Policy, EB-5 Visa Cost: What You Need to Know Before Applying, International Immigrant Investor Programs, sued the State Department for their alleged unlawful refusal to issue visas. On March 15, 2022, President Biden signed a lawthat made changes to the EB-5 program, authorized a new EB-5 Immigrant Investor Regional Center Program, and directed that certain grandfathered immigration benefits be processed. And it is our assumption that as reserved visas only have value for backlogged countries that the 7% country cap does not apply to reserved visas. Change the contact or attorney information on an EB-5 application or petition; Notify USCIS within 30 days of changes, changes to a designated regional centers address, or contact information); Report problems with EB-5 biometrics processing; Report that an EB-5 petition receipt notice or Application Support Center notice has not been received or contains incorrect information; or. The following are some of the common categories: These are just a few examples of the categories under the EB-4 visa. Boundless is here to help. How can time spent in the U.S. on an E-2 visa count toward EB-5 naturalization? Which Green Card Should I Choose? And, unfortunately, the government will not allow pre-RIA petitioners to access the reserved visas: Pending petitions filed prior to the enactment of the EB-5 RIA will be adjudicated under the law in effect at the time of filing.. Everything You Need to Know About the EB-2 NIW, Cost, Wait Time, and How to Apply for the EB-5 Visa, How the Adjustment of Status Process Works, 300 Lenora Street #521, Report any EB-5 notice or decision that appears to contain a gross error. WebThe current processing time for Form I-360 is 7.7, according to USCIS historical processing data. And Indian filings didnt really explode till FY 2018, by which time the Chinese tsunami of petitions were already filed and in queue. (In past years, South Korea, Brazil, and Taiwan have also approached oversubscription.). What Documents are Required for an EB2 Visa? How can time spent in the U.S. on an E-2 visa count toward EB-5 naturalization? Allow 21 calendar days for IPO to review and respond to your email. Marriage Green Card: Adjustment of Status, Marriage Green Card: CR-1 / IR-1 Spousal Visa, CR-1 / IR-1, Explained (Consular Processing), The Adjustment of Status Process, Explained, Fee: $85 (required for applicants aged 14 to 79). Special thanks to Suzanne Lazicki for her compilation of vital USCIS processing data on her EB-5 Timing page. The new EB-5 legislation is clearly focused on helping rural U.S. areas. Learn about the expected EB5 processing time in 2022 and beyond. Visa Visa availability is is an even more complex issue. The application process for the EB-4 visa generally involves the following steps: The specific documents required for an EB-4 visa application will depend on the chosen category. Below is a summary of the current filing fees: 2. Concurrent filing gives EB-5 investors legal status while they wait for adjudication of their I-526 petitions. With an estimated approval rate of 90%, and an average of 3.9 visas per approved Vietnamese petition, this equals 3,531 Vietnamese petitioners expected to be approved by USCIS. Official websites use .gov Processing times data are updated at 10AM ET every Monday and Thursday. So what can we expect now in 2022 for new petitions with standard I-526 processing? All they need to review is source and path of funds, after the first adjudication, all of the other aspects of the program have been vetted, says Fox-Isicoff. WebThe Appalachian EB-5 Regional Center and the Tryon International Equestrian Center are able to help obtain EB-5 Visas for Accredited Investors who invest $800,000 (versus $1.05M for non-rural, non-high unemployment projects). For reference, the USCIS processed above 1,100 I-526 per quarter in 4Q FY 2020 and 1Q FY 2021, compared to over 880 applications in the latest period. While the EB-5 community would relish keeping unused reserved visas, advocates for other visa categories would see this new provision as being unfair. With the exception of 1Q FY 2021, the filing of I-829 applications has increased from 600 in 2Q FY 2020 to over 1,000 in the last period. Is Premium Processing Available? How the Chinese backlog grew over the years, Pending Chinese petitioners are first in line for unused visas, Over 13,000 visa applicants from the rest of the world must clear before China sees many unused visas, Projecting future rest of world visa use to determine extra visa help for China, A range of Chinese visa wait times based on extremes of rest of world visa usage, A reasonable assumption of Chinese wait times for a visa, A caveat for predicting backlog-processing wait times, The impact of reserved visas on the Chinese backlog. October 2022 Visa Bulletin EB-2 and EB-5 Retrogression. For investors from backlogged countries, unless they have an immediately available or soon to be available visa waiting for them (see below), faster processing doesnt help them as they still may have to wait many years for an available visa after I-526 approval unless, of course, they qualify for a reserved visa, as per the RIA set-asides. Again, as the pandemic fades and operations return to normalcy, we think consular processing times should return to what they have been in recent years. If youre interested in discussing EB-5 investment options that may qualify for faster I-526 processing and for the reserved-visa set-asides, Department of State/AILA Liaison Committee Meeting. Thus, there should be reason for optimism for new EB-5 investors from non-backlogged countries. The EB-5 WebThe average time is about six months, but it could take much shorter or much longer. But, anything short of standardprocessingwould be considered priorityprocessing.. Take our free assessment to get a customized plan. With 700 by-right visas going each year to Vietnam, this means a backlog of seven years. By checking this box, I agree to be bound by the linked to Terms and Conditions. Based on data directlyfrom USCIS, this interactive dashboard presents the current processing times for Form I-526, Form I-829, and Form I-924 cases, along with historical trends. Given that the vast majority of the filings in the Chinese backlog occurred before Vietnam oversubscribed, it appears that all unused visas for the foreseeable future would only be applied against the older Chinese filings and none would go against the Vietnamese backlog. Thus, only post-RIA investors can take advantage of reserved set-asides. Prioritized processing: could it be similar to expedited? EB2 Visa Requirements 4. The backlogs were made worse by the COVID-19 pandemic and subsequent closures and caused major frustrations for EB-5 investment participants, particularly those from backlogged countries. Some categories under the EB-4 visa have annual numerical limits, while others do not. However, before a substantial number of unused visas can be applied against the Chinese backlog, USCIS needs to process 13,332 rest of world visa applicants waiting for I-526 approval (numbers as of November 2021). Update on Change to U.S. Travel Policy Requiring COVID-19 Vaccination for nonimmigrant travel, Department of State/AILA Liaison Committee Meeting April 26, 2023, Changes to Vaccination Requirements for Immigrant Visa Applicants, Safely Resuming Travel by Vaccine Requirement and Rescission of Travel Restrictions on Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom, U.S. Embassy in Tunis Begins Processing Libyan Immigrant Visas, U.S. Embassy in Bogota Begins Processing Venezuelan Immigrant Visas, Routine Visa Services Suspended in Caracas, Rescission of Presidential Proclamations 9645 and 9983, Update on Visa Processing at U.S. Embassy Kabul, Waiver of Personal Appearance and Interview Requirements for Certain Immigrant Visa Applicants Issued Visas On or After August 4, 2019, Important Announcement on Waivers of the Interview Requirement for Certain Nonimmigrant Visas, Immigrant Visa Fee Exemption for Applicants Previously Refused under Presidential Proclamations 9645 and 9983, Announcement of F/M/J Processing Posts for Applicants Resident in Russia, The Department of State Meeting with the American Immigration Lawyers Association (AILA), Notice of Proposed Class Action Settlement for Enrollees at the University of Northern New Jersey (UNNJ), Announcement of Processing Posts for Visa Applicants from Ukraine, Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict, Limited Resumption of Immigrant Visa Processing in Havana, Announcement on Resumption of Processing of EB-5 Visas Associated with the Regional Center Program, National Visa Center Public Inquiry Telephone Line Suspension, Continued Expansion of Immigrant Visa Processing in Havana to Include All Immediate Relative Categories, Department of State/AILA Liaison Committee Meeting June 9, 2022, New STEM Resources Available on USCIS website, Treatment of Full and Unconditional Pardons From the Connecticut State Board of Pardons and Paroles under 22 C.F.R. If you have questions, please contact us at attorneys@boundless.com. Its important to note that processing times are subject to change, and individual circumstances can also affect the timeline. The Indian backlog is a far different story than the Chinese backlog, not only because of the difference in the number of filings but the difference in when those filings were made. This hasnt prevented the USCIS from being able to reduce their backlog, which it seems to be doing at an average rate of 900 cases per quarter. Petitioners from backlogged countries should gravitate towards priority processing as rural investments will also qualify for a reserved visa. Department of Veterans Affairs Could Soon Hire Robert Divine and Dennis Tristani have both seen in the recent past expedited processing times of about three to six months. U.S. Work Visas and Permanent Residency After Graduation: How Many Personnel Were Assigned to IPO at The Beginning of Fy2021? The Department has resumed processing visas associated with the Regional Center Program based on approved USCIS Forms I-526 (Immigrant Petition by Alien Entrepreneur), including those filed on or before the expiration of the previous regional center program on June 30, 2021. Citizenship and Immigration Services (USCIS) will provide expedited processing and move these petitions to the front, or near the front, of the line. At the same time, we recognize that investors need some kind of approximate estimation based on available information. EB-5 Visa Timeline & Process - Houston EB5 Secure .gov websites use HTTPS What is the EB2 Visa? The fact that such reserved visa set-asides are the first major provision to lead off the new legislation is intentional and signifies the importance of these types of investments to Congress. Guesswork for rest of world visa use, and thus the number of expected unused visas that will help the Chinese backlog and new Chinese investors, can have wildly varying implications. Take our free assessment to get a customized plan. With an estimated approval rate of 90%, and an average of 3.9 visas per approved Vietnamese petition, this equals 3,531 Vietnamese petitioners expected to be approved by USCIS. EB-5 processing times in June 2021: little change of the processing times for I-526 and I-829 petitions; a significant decline of the high end of I-924 processing time in June. Can I apply for an EB-4 visa on my own, or do I need a sponsor? Exactly how the EB-5 visa process works does depend on the country of your citizenship, as visa numbers are limited in some cases. EB2 Processing Time EB-4 Visa, Explained - Boundless Nothing on this website, including guides and resources, is to be considered legal advice. Divine acknowledges that we just dont know how USCIS will interpret and implement priority processing, and makes a guess that it could take about a year. How can investors best vet EB-5 regional centers following RIA? EB-5 (Note that expedited processing only means that petitions will be reviewed ahead of other that were filed earlier; it is not a guarantee of petition approval). Forward your email and the response to the, Add the word ESCALATE (in all caps) to the subject line and use the body of the email to summarize why you believe the matter needs further attention; and. Historical Average Processing Times Page Updated by USCIS This would make the most practical sense. It may be that there are a small number of outliers with petitions pending many years, but that does not mean the posted processing times are normal.. Assuming that somehow this trajectory continued over time, it would take the USCIS approximately 3.6 years to catch up. This means that some services or protections, such as the attorney-client privilege, may be different from those you could get from a traditional law firm. WebOverview 1. Introduction In the new era of EB-5 post-enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) what can new investors expect for Form I-526 In three years the Chinese backlog should be reduced from 56,000 to 52,000 petitioners. [3] Data provided by the USCIS and collected by IIUSA. EB-5 Lawyer, has some qualified optimism: Based on the directives from Congress in the new EB-5 law, there is reason to hope these ridiculously long processing times will start to come down. Reserved visas allow petitioners from backlogged countries to jump head of thousand of pending petitioners from the same country and save many years of wait time. What are the steps and timelines associated with getting an EB-5 visa? We will discuss different I-526 processing potential wait times in depth later. , there were 44,357 Chinese applicants waiting for a visa at the National Visa Center (NVC). How can an EB-5 conditional green card holder with a pending I-829 get their investment back? However, Divine observes that for the pooled direct investments that were filed during the recent Regional Center Program lapse (July 1, 2022 to March 14, 2022), he has not seen expedited adjudications yet within six months. Some of the changes include showing a processing time range with two numbersthe first number is the time it takes to complete 50% of cases (the median) and the second number is the time it takes to complete 93% of cases. The change took effect on January 11, 2023 for Form I-829 and on January 25, 2023 for form I-751. Q13. With the expectation that current longer waits for either adjustment of status or consular processing are mostly pandemic related and thus will not be a long-term situation, we would like to focus on two potentially significant factors that impact wait times in the EB-5 process for new investors: I-526 processing and the wait time if any for an available visa upon I-526 approval. U.S. State Department embassies and consulates overseas have witnessed visa interview backlogs grow from 75,000 in early 2020 to 473,000 by February 2021, according to Julie M. Stufft, at a recent briefing by Consular Affairs Acting Deputy Assistant Secretary for Visa Services. Not sure which visa is right for you? Green Card Processing Time PERM 3. The second factor and potentially even more significant factor when it comes to a wait time for an EB-5 visa is whether or not, at the time of I-526 approval there is an available visa (based on whether or not the petitioners country of birth was current in the Visa Bulletin at the time of I-526 filing). For legal advice specific to your case, please consult with a licensed attorney. Processing Times for the EB-5 visa Timing is everything, and the EB-5 industry is known for taking patient investors willing to wait years before hearing back from the USCIS. Congrats! Naturally, in addition to the amount you invest and any other administrative Given the very recent data point of expedited I-526 approval in seven months, it is our hope that as the effects of the pandemic recede and as we see USCIS processing efficiency improve (as is evidenced by the recent upward trend of I-526 petitions processed), there is a reasonable chance we see a return to the three-to-six-month processing times expedited petitions enjoyed in the recent past. You can apply for renewal after the expiration date or, after a five-year residency in the US (including the two conditional years), you may apply for US citizenship. With a backlog of 152 pending I-924 applications, and a processing rate of just ten per quarter, the latest measured, the USCIS should be completed with the processing of I-924s in almost four years. This is similar to what Charles Oppenheim, former Chief of the Visa Control and Reporting Division at the U.S. Department of State, recently said; he believes over 7,400 Indian applicants are lined up for EB-5 visas as of November 2021 (Oppenheim did not seem to account for Indias lower-than-average number of visas issued per approved petition or denials). While hoping the reauthorization is taken with priority in Congress, we can take a look back and learn about the EB-5 demand and other statistics, since the Modernization regulations took effect in November of 2019. EB-5 Support | USCIS Each visa and green card has different qualifications, application requirements, and processing times. One future element we can count on with certainty: pending Chinese investors will be very interested in future EB-5 filings and hope for the lowest numbers possible to provide the most unused visas to their countrys almost unimaginable backlog. When looking at the number of Approvals and Denials, it is noticeable that the USCIS has not been as productive during 2Q FY 2021 as in the previous two quarters. As of 2022, three countries in the world China, India and Vietnam have become severely oversubscribed for EB-5 visas, and thus new petitioners from these countries will face long wait times for visa availability. Investors from non-backlogged countries only have to consider I-526 processing times and then adjustment-of-status or consular processing times. U.S. immigration can be complex and confusing. The average process time to get your hands on a visa is approximately 2 years. EB-5 I-526 petition requirements WebGenerally speaking, the EB-5 Immigrant Investor Visa (EB-5 Visa) requires that you invest either $1,050,000 or $800,000 (the lower, $800,000 investment is permitted in rural or high unemployment settings, which are also known as targeted employment areas, or TEA), and in return, the U.S. government will give you a green card. The EB-4 visa is generally tied to a specific employer or organization. Therefore, immigration lawyers and other EB-5 pundits must, for the moment, make educated guesses as to just how fast rural processing will be. However, if such a reserved backlog is created, it should be, at least for the near future, substantially shorter than the non-reserved lineups pending I-526 petitioners currently face. Pros and Cons of Applying for a Green Card Employees of International Organizations: Individuals who have been employed by qualifying international organizations, such as the United Nations or World Bank, and are coming to the United States to continue their work. Priority Date Wait Times 4. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Special Immigrant Juvenile (SIJ) Frequently Asked Questions, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-526, Immigrant Petition by Standalone Investor, FormI-526E, Immigrant Petition by Regional Center Investor, Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, Form I-956, Application for Regional Center Designation, Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, Form I-956G, Regional Center Annual Statement, Form I-956H, Bona Fides of Persons Involved with the Regional Center Program, uscis.immigrantinvestorprogram@uscis.dhs.gov, USCIS.ImmigrantInvestorProgram@uscis.dhs.gov, Ethics and Integrity: Protocols for Processing of EB-5 Immigrant Investor Visa Petitions and EB-5 Regional Center Applications, Including Stakeholder Communications, EB-5 Ethics and Integrity Protocols Training, Office of the Citizenship and Immigration Services Ombudsman, USCIS Policy Manual on Privacy and Confidentiality, Check the status of an EB-5 application or petition that is outside published processing times (for cases within the published processing times, visit.

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