Are EB-5 “Fast Track” Approvals Really Here?

When Congress re-authorized the Eb-5 "Regional Center program" in March 2022, it announced three “set-aside” designations to allow for expedited processing for its initial EB-5 petition to the U.S. Citizenship and Immigration Services (USCIS). The “set-aside” categories included rural projects, high unemployment area projects, and infrastructure projects. 

Since the Program’s re-authorization, interested foreign investors have been heavily focused on seeking to invest in one of these three expedited categories, in hopes of receiving quicker processing of their EB-5 applications.

During the COVID-19 pandemic and beyond, we saw a drastic slowdown in I-526 processing, which is the initial stage of an EB-5 application in pursuit of United States permanent residency. In some cases, it took USCIS upwards of five years to approve an initial petition. This made future-state “permanent residency insurance” planning more challenging for foreign investors. Naturally, when the government announced expedited options, investors jumped all over them. The catch? USCIS did not say how quickly they would process these applications. We were completely in the dark about the expedited processing time frame for months.

Program Effects

Since the Program’s re-authorization in 2022, we have waited with bated breath to find out how quickly I-526E petitions filed under a set-aside category would be adjudicated. The good news: there seems to be light at the end of the long tunnel. Fragomen professionals note recently filed I-526E petitions, submitted under the “rural” set-aside category with certain Regional Centers are being approved within a 10–12-month period. This is an enormous improvement from what we have become used to and great news for potential foreign investors. 

Further, investors and their immediate family members who are physically within the United States at the time of filing their I-526E petition and are otherwise eligible can concurrently file their Adjustment of Status applications to receive their green cards in approximately one-third of the time than we have previously experienced.

Looking Ahead

We are hopeful that this fast-track trend continues, and we are continuing to closely monitor USCIS processing times. Further, while these quick processing times appear to be limited to specific regional centers, and while we do not have economic relationships or financial agreements with any United States regional centers, we are always happy to introduce prospective investors to regional centers that our clients prefer to work with upon engagement.

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