Masami Hibino

Topic of expedited processing

Expedited processing is becoming very topical lately. Investors born in countries subject to retrogression as well as those born elsewhere are asking whether they should consider projects that claim to be processed on an expedited basis. Should these investors opt for such projects or not? What is your view?


Marko Issever
January 08, 2020 12:26 AM  Marko Issever

I am so happy you asked this question. I agree that it is one of the most topical ones given the unprecedented processing times we are experiencing with I-526 petitions lately. We always recommend clients to opt for projects that are strong on their own merits. Many criteria need to be considered first other than whether it qualifies as an expedited processing eligible project. Investors should make sure that the projects they invest in are viable, can create the requisite number of jobs, and enough value at completion such that after senior obligations are met, they can pay their capital investment back. Once these and potentially other major points are taken care of, they could certainly consider expedited processing projects. It will do very little good for investors who are right now from countries that are experiencing retrogression unless they are eligible to adjust status through Dates for Filing chart as opposed to Final Action Dates chart as is the case for India and Vietnam born applicants today who are adjusting status while they are physically in the United States with a nonimmigrant visa. In other words, for mainland China-born applicants, expedited processing will have no impact at all today. Provided that all other basic due diligence criteria are met, applicants from any other country today, should seriously consider expedited projects as it could reduce the time for them to obtain the conditional permanent residency status.


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