How Long to Get a Green Card through EB-5?

The EB-5 Immigrant Investor Program is a U.S. visa program that allows foreign investors to obtain a green card by making a significant financial investment in a U.S. business. However, the process can be complex and time-consuming. Understanding the typical timeline and key milestones can help investors plan and manage their expectations.

1. Overview of the EB-5 Program

The EB-5 program requires investors to make a minimum investment of $1.05 million in a new commercial enterprise in the U.S. or $800,000 if the investment is in a targeted employment area (TEA). In return, investors, their spouses, and children under 21 can obtain green cards, leading to permanent residency in the U.S.

2. Application Timeline

2.1 Initial Investment and Project Selection

The first step is to select a qualifying project and make the required investment. The time taken for this can vary significantly based on the investor's due diligence process and the availability of suitable projects. Generally, this phase can take anywhere from a few months to over a year.

2.2 Filing Form I-526

Once the investment is made, the investor must file Form I-526, the Immigrant Petition by Alien Investor. The processing time for Form I-526 can vary based on the service center handling the application and the complexity of the case. As of the latest data, the processing time ranges from 18 to 36 months.

2.3 I-526 Petition Approval

If the I-526 petition is approved, the investor, their spouse, and children can apply for conditional green cards. Approval of the I-526 petition indicates that the investor has met the initial requirements of the EB-5 program.

2.4 Consular Processing or Adjustment of Status

Upon approval of Form I-526, investors residing outside the U.S. must go through consular processing at a U.S. embassy or consulate in their home country to obtain their visas. Those already in the U.S. can apply for adjustment of status through Form I-485. This process typically takes an additional 6 to 12 months.

2.5 Conditional Permanent Residency

Once the investor and their family members receive their visas, they enter the U.S. as conditional permanent residents. This status is valid for two years. During this period, investors must ensure that their investment meets all program requirements.

2.6 Filing Form I-829

Within 90 days before the two-year anniversary of obtaining conditional residency, investors must file Form I-829, Petition by Entrepreneur to Remove Conditions. This form demonstrates that the investment has been sustained and that the business has created the required number of jobs.

2.7 Removal of Conditions

The processing time for Form I-829 is typically between 18 to 24 months. Once the petition is approved, the conditions on the green card are removed, and the investor, their spouse, and children are granted permanent residency.

3. Factors Affecting Timeline

Several factors can influence the timeline of the EB-5 process, including:

• Project Viability: Delays in project development or issues with the project's EB-5 compliance can affect the overall timeline.
• USCIS Processing Times: Variations in processing times at different USCIS service centers can impact the duration of each phase.
• Government Policy Changes: Changes in EB-5 program regulations or policies can affect processing times and requirements.

4. Recent Trends and Predictions

Recent trends show that processing times for EB-5 applications have increased due to heightened scrutiny and changes in program regulations. Investors should be prepared for potential delays and stay informed about any legislative changes that might impact the program.

5. Conclusion

The EB-5 process involves multiple stages, each with its own timeline and potential for delays. Investors should be prepared for a process that can span several years, from initial investment to the removal of conditions on their green card. Consulting with experienced immigration attorneys and project developers can help navigate the complexities and optimize the process.