What is the typical success rate for getting a green card through EB-5?

The immigration success in a direct EB-5 investment is dependent on the success of the new commercial enterprise. Therefore, statistical data has little effect on the success of your immigration petition. The EB-5 investor visa program has been on a firm path, not experienced changes since 1993. The EB-5 program benefits both the investor and the local economy through job creation, a benefit not found in other foreign investor programs.

That is hard to predict, as each RC has a different success rate. However, USCIS releases figures on how many applicants applied and how many were approved. This information may be obtained from the USCIS website.

There is no typical statistical data for your questions. Instead, a better advisement is that you should pay particular attention to at least three issues associated with the EB-5 visa: 1) First, focus on the type of investment you want to make. In essence, know and eventually pick up the right EB-5 project to invest in. This can ensure you properly put your application for EB-5 together and eventually obtain your EB-5 visa. 2) Secondly, bear in mind that all EB-5 investments are at risk investments, so work with an EB-5 immigration attorney. The magnitude of information and need for professionals cannot be over-emphasized. For instance, there are about 425 regional centers alone to choose from, and there is the fact that you can actually start your own EB-5 compliant business. 3) Lastly, bear in mind that the reality is that EB-5 visa rules are not floating and changing to the extent that you can be disqualified. In essence, after several years, the U.S. EB-5 visa program has become relatively stable in spite of hiccups once in a while. Thus, like in any other country, U.S. EB-5 investor visas are relatively safe and predictable. Currently, the approval rate is as high as 95% for the majority of people who obtained their conditional green card after a period of two years and then applied for their permanent green card (I-829). If you need for further information, feel free to consult our firm.

With the right EB-5 counsel guiding you, there should be no problem with obtaining your conditional, then full, permanent residency. Of course, USCIS adjudication may vary, but we have been fortunate that our EB-5 clients have been successful.

The approval rate for the Form I-526, which is the petition filed by the primary investor, has had a near 80 percent approval rate for many years. You can review the adjudication rates on the USCIS website here via this Google short-link to the USCIS website: http://goo.gl/19j7Hg. Otherwise, each investor's petition is decided on a case-by-case basis. To discuss what areas of EB-5 law could affect your future filing, please feel free to contact me.

IIUSA (an EB-5 Advocacy Trade Group) published the 2013 Q1 & Q2 statistics (available at: http://iiusablog.org/wp-content/uploads/2013/05/USCIS-FY2013-526-829-924-filing-stats.pdf). The historical approval rate is roughly 80-84%. At the same time, please apply caution when reviewing the statistics. These figures are not static and are subject to change. Furthermore, if you are planning on investing in a regional center project, you would likely have to pay an administrative fee on top of the $500k capital investment. I will be happy to offer you a complimentary consultation if you like.

With administrative fees, you are likely looking at closer to $600,000. Many of the regional centers which have been around for awhile have 100% track records, so that is where I would suggest you look. If you need help give us a call.

Legal matters are really not appropriate to look at in terms of statistical data, as each applicant has their own circumstances to qualify and each investment target is different. The laws on the EB-5 program have not been changing and the program is relatively stable. However, if you are looking at a direct investment wherein you will be managing the business, the approval data will generally be lower than if you invest in a qualified regional center. I suggest that we arrange a telephone call to discuss in more detail.

It will be difficult, if not impossible to find a "success rate" for getting a green card through EB-5. Because every investment is unique, each EB-5 petition is examined on a case by case basis. Some people will apply to one regional center, some to another. Yet others will choose to make a direct investment in a business, or invest money to expand an existing business. Because all of these investments can fall under the EB-5 category, it is going to be impossible to give you any idea of the likelihood of success without discussing your specific circumstances. For example, I would need to know what type of investment you are looking at, your source of funds, business plan (or documentation from the regional center), and so on.

The first step is to retain an experienced EB-5 attorney or law firm such as ours who can advise you on the credible EB-5 Regional Center's projects who have a history of immigration success in their investors obtaining permanent residency.

The USCIS publishes its statistics for I-526 and I-829 petitions, including applications received, approved and denied. The information can be found at: http://www.uscis.gov/sites/default/files/USCIS/Outreach/Upcoming%20National%20Engagements/Upcoming%20National%20Engagement%20Pages/2012%20Events/July%202012/EB5_Statistics_Q3_2012.pdf and http://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/Employment-based/I526-I829_performancedata_fy1991-2013_qtr1.csv. Also, eb5investors.com published EB-5 statistics at: http://www.eb5investors.com/eb5-visa-program-statistics. The statistics show an approval rate of 80% or better.

The success rate of obtaining a green card through the EB-5 program involves a number of factors. Although no attorney can "guarantee" you a green card, you may be more successful with the right legal counsel. USCIS recently released approval rates for investors who successfully applied to remove their conditions (I-829). The I-829 approval rate in 2013 was 95%. This percentage reflects those investors who obtained unconditional green cards after their two-year conditional cards. The 2013 I-526 approval rate was 82.5%. Please contact our office for additional information.

Your success is not statistical. It is going to be dependent on your EB-5 investment's compliance with USCIS requirements and the quality of your legal counsel.