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If there’s one thing to know about the EB-5 Immigrant Investor Visa Program it’s how important EB-5 priority dates are.
Here’s a quick and easy explanation of what an EB-5 priority date is and why filing your I-526 Petition as early as possible is extremely important.
What is an EB-5 priority date?
An EB-5 priority date marks the date that U.S. Citizenship and Immigration Services (USCIS) has received your I-526 Immigrant Petition for Alien Entrepreneur. This EB-5 priority date is used for two lines. First, it is used to keep your place in line for the I-526 Petition process. Second, it is used to keep your place in line for a visa. Both these lines, the I-526 Petition line and visa line, are processed on a first-come first-serve basis. Once an EB-5 investor receives I-526 Petition approval they qualify to file a visa application or Form I-485 Application to Register Permanent Residence or Adjust Status. Therefore, the wait time to get an EB-5 visa will always take longer than the I-526 Petition processing because I-526 Petition approval is a prerequisite for qualifying for a visa.
Why are there two different lines and why is it recommended that an investor file their I-526 Petition as early as possible?
Once an investors I-526 Petition is filed they must then wait to receive I-526 Petition approval from USCIS. Meanwhile, as they’re waiting for I-526 Petition approval, they are also, simultaneously, waiting for a visa to become available. Once an EB-5 investor receives I-526 Petition approval they must continue to wait for a visa. Their priority date, however, will determine where in line they are to receive both I-526 approval and a visa. That’s why it’s extremely important to file an I-526 Petition as early as possible so as to secure an early spot in both lines.
Where confusion comes from:
Investors often believe that their place in line for an EB-5 visa depends on the date of their I-526 Petition approval. This is false. Their place in line depends on their priority date, the date USCIS gives them their I-526 Petition receipt. Therefore, when hearing about the wait time for an EB-5 investor from a particular country, know that the wait time starts from the EB-5 priority date.
Conclusion
Filing your I-526 Petition as early as possible and securing your priority date (your place in line) is extremely important. Consult with an EB-5 immigration attorney today to get started.
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