Fast-Track Your U.S. Residency with EB-5 Visa: Understanding Processing Time and Priority Options
Accelerate Your Path to U.S. Residency with the EB-5 Visa Program
The EB5 Visa is considered one of the fastest ways of getting a US green card, especially for Indian Citizens. Earlier, the most popular way for Indians to Migrate to the US was to go there for higher education on a Student Visa (F1 Visa) and thereafter take up employment and get sponsored for an H1 B Visa. After working in the US on an H1B visa for some time, you would become eligible for Green card, which would lead to US Citizenship.
However, over the last few years, we have seen that it has become almost impossible to get a green card through the above route. Firstly, the H1B visas are allotted randomly on a lottery basis. The demand for such visas far outweighs the number available each year. Hence, only a few applicants will get the H1B visa. And even if you are lucky enough to get the H1 B Visa, the demand for a Green Card under the EB2 and EB3 category is so high that it could take several years (fifty to hundred years or more, according to one estimate) to get a Green Card.
Given this situation, the EB5 Visa has emerged as one of the fastest and surest ways of getting a US Green Card, attracting an increasing number of foreigners, especially the F1 and H1 B visa holders from India.
Steps Involved in EB-5 Visa Processing
Navigating an EB5 visa requires patience and preparation. EB5 visa processing time can be a roller coaster, varying wildly from one case to another. Factors influencing timelines include the location of the investment, current backlog and changes in legislation. Historically, times have ranged from a few months to years. Following are the steps involved in the EB5 visa program.
Filing Your EB5 Application:
This involves applying for an EB-5 visa, which is the form I-526E. The duration of this process may range from a few weeks to months. It can vary as it is influenced by factors such as the source of funds available & the required documents and funds for the investment. Simultaneously, while working on your source of funds documentation, you may also look at the various EB5 projects & select one to invest in.
Approval of Your EB5 Application:
After filing the I-526E form, the applicant must wait for the application to be adjudicated by a USCIS immigration officer. This can take a few months to years, depending upon:
1. Type and location of the project: Projects in high Rural Areas qualify for fast-track processing with a possibility of getting an initial EB5 approval in a few months. Other projects may take over 2 years to get initial approval for the EB5 Visa.
2. Project Approval Status: Your petition can only be approved after the project in which you have invested has received USCIS approval. So before investing, check out the approval status.
3. Visa Backlog: If an investor is in a country where the visa backlog volume is high, and the visa is exhausted and unavailable, the EB5 visa processing time may be delayed. You may overcome this by investing in rural projects, projects in high-unemployment areas and infrastructure projects where set-aside visas are available.
Consular Processing and Conditional Green Card:
The next step in the EB5 application program for those who are outside the US is Consular processing. Consular processing can take anywhere from 6 months to 12 month time.
The processing begins with first applying to the National Visa Centre, then booking an appointment for an interview with the U.S. consulate in your respective country, and lastly, obtaining the EB-5 Visa. Thereafter, you can arrive in the US and become a permanent Resident. Once the investors receive the Green Card, they can start living in the US and use all the benefits of the American Green Card.
Please note that the above process is only for those outside the US. Investors who are already in the US, either on an H1B visa or student visa, can apply for Adjustment of Status immediately upon filing their EB5 Visa applications and start enjoying most of the benefits of a Green Card much earlier.
Removal of Conditions
The initial green card is valid for 2 years. After that, you must prove to the USCIS that you have invested in the project for at least 2 years and that your investment has resulted in a minimum of 10 jobs for American citizens. This EB 5 visa process is easy if you have invested in a regional center project. The regional center project creates hundreds of jobs for Americans with the help of an economic model, and they all count towards meeting your EB5 visa requirements.
Your attorney will then collect the relevant documents from the regional center and file FORM I-829 to remove the above-mentioned conditions. This process could take around 2 years. However, while this is being processed, you will continue to be a US permanent resident and continue enjoying all the benefits.
As you can see, the EB 5 visa process involves several steps and milestones, from documenting the source of funds and investment to removing conditions. Currently, the overall process of getting the the green card could take around 2 to 4 years, depending upon your country of birth and the category of project selected for investment. However, applicants already in the US on non-immigrant visas like F1 or H1 B Visa can now concurrently file for adjustment of status and get benefits like Employment Authorization Document (Work Permit) and Advance Parloe (Travel Permit) almost immediately.
The EB5 Visa is more than a process. It’s a journey to a new life in the US. With the right preparation and mindset, you can navigate this path successfully.
Transition to Permanent Residency
Upon U.S. entry, investors initially receive a conditional green card valid for two years. Investors must then demonstrate sustained investment and job creation to remove conditions and secure permanent residency, often streamlined through Regional Center investments.
The Benefit of Concurrent Filing
For non-immigrant visa holders in the U.S., concurrent filing allows for the simultaneous application for an EB-5 Visa and adjustment of status, offering an expedited path to obtaining work authorization and travel documents.
Navigating Your EB-5 Process with Acquest Advisors
Effective planning and early preparation, including selecting a reputable EB-5 project and organizing financial records, are key to a smooth EB-5 journey. With Acquest Advisors, leverage expert advice to navigate the EB-5 process efficiently, from application filing to achieving U.S. residency.
Embark on Your EB-5 Journey:
The EB-5 Visa program is more than a pathway to U.S. residency; it’s a venture into a new life filled with opportunities. With strategic planning and the right guidance, the journey can be streamlined and successful.
For detailed insights and expert guidance on EB-5 Visa processing time and priority processing options, click here to schedule a consultation with our EB-5 experts. Let Acquest Advisors be your partner in building a prosperous future in the United States.
Your American Residency Awaits:
With the EB-5 Visa, your American dream is closer than ever. Navigate the journey with Acquest Advisors, and fast-track your way to becoming a U.S. resident, embracing the opportunities and stability that come with it.
ABOUT ACQUEST ADVISORS
Acquest Advisors is an immigration advisory firm specialising in Business Immigration and Residency/Citizenship by Investment programs offered by Governments of American & European countries.
We provide end-to-end service to our Clients – from planning the source of Funds to selecting the right investment vehicle (Projects /Property /Business), preparation of Business plans, start-up funding, foreign remittance, etc. and handhold them throughout the immigration process.
We have an in-house team of experts and a network of professionals (renowned Attorneys, Bankers, Chartered Accountants, Regional Centres, Developers, Fund Managers, Business sellers, etc.) to offer comprehensive immigration solutions.