How long does it take to process each step of the EB-5 application?
Our clients are asking us to give them an idea on the new extended times that each step of the EB-5 process is taking. Where is a good source to track this information?
This is a very timely question. The processing times across the board have increased indeed. USCIS has a website where they publish their experience. The link is: https://egov.uscis.gov/processing-times/home
Right now, they are posting I-526 approvals to take 27.5 to 49 months. If the country of birth of the investor is not one experiencing retrogression, then they would be able to apply for the conditional green card through a) adjustment of status if they are in the US or b) consular processing if they are overseas. Adjustment of status depends on which service center they go to. Currently, California is posting 8.5 to 43.5 months. New York is posting 20.5 to 34 months. A complete list can be found on the same website. If they are overseas and apply for the conditional green card through consular processing, this process should take less than one year. Finally, once they get their conditional green card and fulfill the 2-year sustainment period, they would be eligible to apply to remove the conditions from the green card. This step is called I-829 filing. USCIS is posting 29 to 49 months for the processing of this last step. Our expectation is that the actual processing times will be better than these posted official times but of course there no guarantees.
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