Can EB-5 Applications Be Expedited?

Is there a faster way to get EB-5 applications processed? Would you like to get your permanent green card now?

For EB-5 two-year conditional residency, priority is given to foreign investors affiliated with regional centers. However, among the foreign investors affiliated with regional centers, USCIS does not provide criteria for how these petitions are given priority over on another.

Expediting the EB-5 petition extremely hard to obtain, but it can be done in certain situations. These are significant hurdles to overcome and they are at the discretion of USCIS. USCIS has criteria for all petition applications. It is the burden of the applicant to demonstrate one or more of the following in order for the petition for expedition to be granted:

• The EB-5 investor will want to prove that it would be in the U.S. economy’s best interest to quickly expedite the application so that the funds can used immediately to financially support a project.
• There is an extreme emergent situation.
• A compelling interest for USCIS.
• One of the more requested factors for expediting is “severe financial loss to a company or individual.” A lot of EB-5 petitions contain escrow agreements that state that the capital investment may not be released into the investment project until the petition is approved.
• Humanitarian situation.
• Non profit status that requests organization for furthering of cultural and social interests of the U.S.
• Error on the part of USCIS.

Otherwise, USCIS approach is to adjudicate EB-5 petitions in accordance to their first-in, first-out procedures. Majority of EB-5 applications go through the standard process and receive a conditional residency for 2 years. Gaining permanent residency immediately is nearly impossible.

The process of obtaining EB-5 visa typically takes 12-14 months, but in some cases it only takes 6 months or less. So make sure that you have all the proper evidence to present with your application so that it processes smoothly.