I-526 Petition

Could My I-526 Petition Adjudication Take Longer Than Another EB-5 Investor’s?

Could my I-526 petition adjudication take longer than another EB-5 investor’s, even one investing in the same project? And, if yes, what may cause these delays?

Different EB-5 investors may have different timelines when it comes to I-526 petition adjudication. There are many reasons why one petitioner’s application could take longer than another’s even if they’re invested in the same EB-5 project.

Here are a few reasons why this could happen:

  • Investors could have different adjudicators processing their applications at the Immigrant Investor Program Office. Each adjudicator is different and one may take longer to process an application than another.
  • Investors could have very different sources of funds. If one investor’s sources of funds are complicated, it could add to the processing time.
  • Investors from very backlogged EB-5 visa countries, such as China, may have their applications placed on hold under the new EB-5 visa availability approach to processing applications.
  • Investors who filed an application that contains errors or does not provide sufficient documentation may face delays, receive requests for further evidence, or worse, they may face denial.

Tips for reducing processing delays include:

  • Coordinating with an EB-5 immigration attorney to determine which funds to select for the EB-5 investment may help reduce processing times.
  • If an EB-5 investor’s country of origin is currently facing an EB-5 backlog, but their spouse comes from a country without a backlog, having the spouse be the principal applicant may be an option to avoid the backlog.
  • Reviewing the application for errors and omissions prior to filing may save an investor from having to make corrections and face processing delays later on.

For more information about the EB-5 Program or to get started, fill out the quick free evaluation below.


 

Clare Lithgow

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