I live in the U.S. on an H1-B visa and looking into regional centers for my EB5 investment. I’m trying to figure out the differences in treatment between Rural and high-unemployment area (HUA) projects. Do rural I-526 and I-485 applications get processed faster than those in HUA? Also, in both cases, do my dependents’ ages “freeze” when I concurrently file?
Answers
Lynne Feldman
Immigration Attorneys DirectoryThe posted processing times for them are the same, but we are seeing the rural ones processed a bit faster. Yes, your children’s ages will be frozen if I-526 and I-485’s for all are filed concurrently, provided the I-526 is approved.
Dennis Tristani
Immigration Attorneys DirectoryThe Reform and Integrity Act (RIA) passed in 2022 mandates that USCIS process petitions for investments in rural areas with "priority" - in practice, we are seeing I-526E petitions for investments in rural projects approved more quickly than those in HUA. The I-485 applications approval is contingent on the I-526E being approved first. The filing of the I-485 application "freezes" you children's age pursuant to the CSPA regardless of whether your project is rural or HUA.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryRural projects are supposed to get faster processing, and we have seen faster 526E approvals. Both will freeze the age upon 485 filing. So focus on whether the green card will be approved and whether you will get your money back. Rural also gets twice the quota of HU and the India quota may retrogress very soon.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryA filing of a petition such as I-526E does “freeze a dependents’ age” – i.e., allows for CSPA protection – regardless of the project on which the I526E is based. This is only relevant if you are NOT filing for residence (I-485) concurrently. Once I-485 is filed, eligibility is established. (Unless of course the I-485 gets denied… but this should not happen if you get and follow proper counsel).
Petitions based on investments in rural areas are afforded certain protections under the law, but none of these have come into play yet as processing times are consistent across categories (and relatively fast) and all visa categories are Current on the visa bulletin.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.