Understanding how long different parts of the EB-5 visa application process take is important for EB-5 investors. However, estimating processing times is a complex process.
The U.S. Citizenship and Immigration Services (USCIS) shares average processing times on its website, but they can change based on staff availability at various immigration offices and each investor’s personal situation.
U.S. immigration lawyer Oliver Yang from Reid & Wise explains that the time frame depends on the stage of the EB-5 process and the investor’s country of origin.
“The first step is adjudicating the I-526 or I-526E petition, which typically takes at least a year—and often significantly longer,” he said. “Once approved, the investor must wait for a visa number to become available (if subject to a visa backlog), after which they can apply for and receive a conditional green card—a process that generally takes around six months, not including any visa wait time.”
He adds: “The final step is the I-829 petition to remove conditions, which can take several years to adjudicate. Fortunately, investors with a pending I-829 petition are considered lawful permanent residents and enjoy all the rights of a green card holder during that period, making this final delay less concerning for most.”
Attorney Fredrick Voigtmann tells investors that USCIS processing times are not guaranteed and can change without notice.
“USCIS’ online case status system does not always accurately reflect I-526, I-526E, or I-829 case status. USCIS-published processing times typically represent the time it takes to process 80% of the pending applications/petitions,” he said.
He also notes that the U.S. immigration agency prioritizes rural EB-5 petitions, as mandated by the EB-5 Reform and Integrity Act (RIA).
“USCIS will process petitions with current priority dates (available immigrant visa numbers) before it will process petitions subject to a visa number cutoff date in the monthly Visa Bulletin,” he said.
After receiving a Request for Evidence (RFE), predicting the remaining processing time can be hard. According to Voigtmann, this can take weeks or months. Generally, processing is quicker for simpler RFE responses than complex ones.
How long does it take for EB-5 forms to be processed?
I-526 Form
The Immigrant Petition by Alien Investor (I-526) is a first step in the EB-5 application process. However, the USCIS only provides timing for legacy petitions, which refer to all Form I-526 editions that predate June 1, 2022.
In general, 80% of these cases are completed within 90 months for Chinese investors, whereas it takes 61 months for applications from everywhere else.
However, EB-5 attorneys note that obtaining the official receipt after submission takes four months or longer for those whose I-526 has already been filed.
EB-5 attorney Elissa Lu adds: “The I-526E petitions filed under the EB-5 Reform and Integrity Act have been significantly faster. Based on internal data and real-world experience from our firm, we have observed that some post-RIA I-526 petitions are being adjudicated within 5-7 months on the faster end and approximately 12 to 16 months on the slower end. This trend indicates that the agency is prioritizing recently filed cases under the reformed EB-5 program structure.”
I-485 Form
The I-485 form, or Application to Register Permanent Residence or Adjust Status, is the second step in the EB-5 application process. According to USCIS estimates, 80% of cases are typically completed within 13 months across all field offices. However, the timeline can vary greatly. Some EB-5 attorneys estimate 6-9 months for post-I-526 approval, while others suggest it might exceed a year, especially for non-concurrent filings, depending on several factors, including background checks and administrative policies.
Consulate Processing
For applicants applying from their home countries, the process from filing the DS-260 form in a U.S. consulate or embassy to the National Visa Center (NVC) reviewing it can take four to six months and scheduling a consulate interview may require an additional six to nine months. EB-5 attorneys caution that this timeline is subject to change based on document completeness, consulate backlogs, and visa availability. Some cases might be expedited, while others could face delays of up to two years.
I-829 Form
The final step in the EB-5 application process is to remove conditions on permanent resident status via the I-829 petition. USCIS reports a processing time of 47 months for 80% of cases. This step is crucial for transitioning from a conditional to a permanent green card.
I-956F and I-956 Processing
For regional centers, note that processing mandatory forms I-956F (to obtain approval for EB-5 projects) and I-956 (to obtain regional center designation) takes approximately 12 and 12.5 months, respectively, for 80% of cases.
When could long EB-5 processing times be an advantage?
Lu notes that although long I-526 processing times can be a disadvantage, they can also provide a major benefit in some cases for families with legacy petitions, especially EB-5 investors born in China and India, when they have older kids who are nearly 21 years old.
“While shorter processing times are generally desirable, the longer processing durations seen in legacy I-526 petitions may be advantageous in preserving a child’s eligibility for green card status in countries with significant visa backlogs. Families should be aware of how USCIS processing timelines interact with visa availability and the [Child Status Protection Act] CSPA framework, and should consult qualified EB-5 immigration counsel to assess how best to protect their children’s eligibility within this complex and evolving landscape,” she concludes.
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