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Wondering what’s the latest news surrounding the EB-5 India backlog? If you’re an Indian national who filed their I-526 Immigrant Petition by Alien Entrepreneur months, if not years ago, here’s when you can expect to receive your visa.
The question to ask yourself:
Is your priority date (also known as your I-526 receipt date) earlier than December 8, 2017?
Yes?
Proceed with the EB-5 process and apply for a visa. If qualified, you will receive a visa when one becomes available.
No?
Due to the EB-5 India backlog, the November Visa Bulletin shows a final action date for applicants from India. You may need to wait until your priority date is earlier than the current final action date.
How did I come up with this date?
India is currently facing an EB-5 backlog, also called EB-5 retrogression, meaning that Indian EB-5 investors are currently subject to a final action date. Final action dates are updated monthly and available online at the U.S. Department State on their Visa Bulletin page. Scroll down the page to find the “Final Action Dates for Employment Based-Preference Cases”. Then look for the “5th Non-Regional Center” and “5th Regional Center” category rows. Under the India column, it will show December 8, 2017 for both categories. This is India’s final action date. Applicants whose priority dates are earlier than the listed final action date are able to proceed with the process of applying for visas.
Do final action dates change?
Each month, the Department of State releases an updated EB-5 visa bulletin with the latest final action dates. Check back monthly to see if your priority date is earlier than the listed final action date.
How long would it take to get an EB-5 visa if you filed your I-526 Petition today?
It’s difficult to say. Currently the average processing time at the Immigrant Investor Program Office (IPO) for the I-526 petition is 29 – 50 months. This roughly a 2.5 – 4 year wait time. If the India final action dates catch up in that period of time, that may be the total time an Indian national must wait to be able to apply for a visa. However, many factors have come into play that have slowed down the processing time causing the visa wait times to take a roughly estimated 8 years. Consult with an experienced EB-5 immigration attorney to learn more about your EB-5 case.
3 Tips for Faster EB-5 Processing Times:
1. If your spouse’s country of origin is a country that is not currently facing a visa backlog, use their country of chargeability to avoid India’s retrogression.
2. Plan ahead. If you desire that your children study in the U.S., apply for the EB-5 Program visa while your children are still young. By the time your family receives an EB-5 visa they then may be able to attend a world-class university in the United States.
3. Apply now while the EB-5 minimum investment amount is only $500,000 for a project located in a targeted employment area. On November 21, under the new EB-5 rule, this amount will increase to $900,000, meaning that an investor will likely need to provide more evidence of proof of funds. More items to be processed can mean slower processing times.
Questions? Send us a message or fill out our free EB-5 evaluation below:
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