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Preeti Sinha

How can an EB-5 application be expedited?

I would like to get my permanent green card as quickly as possible. I have heard that sometimes EB-5 visa applications can be expedited. When can an EB-5 application be expedited? How long does it normally take to get an EB-5 visa, versus getting one with an expedited application?

Answers

Edward Beshara
April 21, 2015 04:40 AM  Edward Beshara

Under certain circumstances the EB-5 investors I-526 petition can be expedited. For instance, the investor showing that it would be in the best interests of the national economy to approve the investors petition so that the investors funds can be used quickly to finically support the project. The I-526 petition an be expedited but the applications for the conditional permanent residency cannot be expedited.

Mark Ivener
December 10, 2015 06:10 PM  Mark Ivener

It is very rare that an I-526 is expedited, but definitely a conditional green card application cannot.

Raymond Lahoud
April 03, 2016 06:51 PM  Raymond Lahoud

As for the actual form I-526, you can make requests for expediting the application. The I-485, however -- which leads to the green card cannot be expedited. Also, you cannot bypass the conditional green card period.

Gregory Finkelson
October 12, 2018 03:11 PM  Gregory Finkelson

The only way to expedite your EB-5 applications is do it in a correct way without any mistake and provide sufficient documents (business plans, source of fun, and personal information) without any issue. Any error during the process may delay the application process for months or even years.

Marko Issever
December 30, 2018 12:33 AM  Marko Issever

The simple answer is under very rare instances I-526 application could be expedited but once it is approved the adjudication process cannot be. For example, if you are from a country that is currently experiencing retrogression such as China or Vietnam and you are successful in expediting your I-526 it might have little to no consequence because the conditional green card application in these countries are not "current". That said, if you are from a country that is not experiencing retrogression at the moment such as India but you are afraid that in the near future it might experience retrogression, you might benefit from expedited decision on your I-526. Although pretty difficult to achieve, USCIS will approve an EB-5 request when the petitioner can show one or more criteria exists, and that approving the expedite request will help the situation or avoid a negative outcome. These criteria in no particular order are: severe financial loss to an individual or the company, an extreme emergent situation such as danger of human rights violations or persecution, a humanitarian situation such as pressing medical or health-related need, nonprofit status of an organization that furthers the cultural and social interests of the U.S., a Department of Defense or national interest situation, USCIS error, or other compelling USCIS interests.

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