The processing time for EB-5 direct investments can vary greatly, primarily due to backlogs in visa availability, especially for applicants from China. After I-526 petition approval, Chinese applicants may wait up to 15 years for a visa. However, those not subject to backlogs can get conditional green cards within 1-2 years. The EB-5 process has multiple steps – I-526, visa, I-829 – each with different timelines. Factors like regional center issues can also cause delays. Overall, EB-5 processing times are highly unpredictable.
I-526 petition approval takes 1-2 years
The I-526 immigrant petition is the first step of the EB-5 process, where investors must prove they meet investment and job creation requirements. USCIS processing times for I-526 petitions have averaged 1-2 years in recent years. Approval times were longer in the past when USCIS was still developing expertise in EB-5, but have stabilized now with standardized procedures.
Visa wait times are years for Chinese applicants
After I-526 approval, the next step is to apply for a visa and conditional green card. This is where EB-5 processing timelines diverge drastically. Applicants from countries like China face long visa backlogs, caused by yearly per-country limits. As of 2023, the backlog for Chinese investors is about 15 years. However, applicants born in countries without backlogs can often get condition green cards within 1-2 years of I-526 approval.
I-829 removal takes 1-2 years after conditional residence
The final step is filing I-829 to remove conditional status and get permanent green cards. The I-829 is filed 1-2 years after receiving conditional residence. Average I-829 processing times have been 12-24 months in recent years. Timelines used to be longer, but have improved with USCIS gaining expertise.
Regional center issues can lengthen timelines
Regional center-associated cases often have longer processing times, since USCIS must scrutinize the regional center’s operations. If the regional center fails to maintain compliance, investors’ petitions may be denied or stalled. Lawsuits related to regional center terminations have also caused USCIS processing delays in some cases.
In summary, EB-5 processing times vary substantially based on visa backlogs and regional center issues. Overall timelines remain highly unpredictable. I-526 and I-829 petition processing averages 1-2 years, while visa wait times range from 1-2 years to 15+ years.