How can I double check if an EB-5 project is approved as an “expedited” project?
Some EB-5 agents are saying this in their letter: “For expedite requests relating to the EB-5 Immigrant Investor Program, USCIS may grant expedited
processing of filed I-526 petitions where the investment decision has been made but does not grant
expedite requests for as yet unfiled I-526 petitions. An expedite request is not met to confer a
commercial advantage to projects in recruiting investors. Also, because of investor oversubscription,
there is a long waiting period for the adjudication of I-526 petitions and it would be unfair to those I526 investors to grant expedited processing for adjudication to as yet unfiled petitions where those potential investors may not have yet been solicited.” Is this correct?
Answers
Lynne Feldman
Find the Best EB5 Visa LawyersThe only granted expedite status I am aware of is the Tryon Equestrian Center in North Carolina.
Bernard P Wolfsdorf
Find the Best EB5 Visa LawyersYes, it is correct, and the process of who gets expedited and when is haphazard, inconsistent and generally unfair.
Belma Demirovic Chinchoy
Find the Best EB5 Visa LawyersThe project has to show you their approval. What you quoted says very little and says nothing about the project in question.
Linda Liang
Find the Best EB5 Visa LawyersYou can ask them for proof, such as the notice from USCIS.
Fredrick W Voigtmann
Find the Best EB5 Visa LawyersUSCIS has specific criteria for expediting individual petitions/applications, including I-526 petitions. The expedite decision is made by USCIS on a case-by-case basis. The processing of all I-526 petitions in a particular EB-5 project does not appear to comport with USCIS expedite criteria. Also, USCIS does not pre-adjudicate petitions, but it does afford deference to prior approvals and to exemplar-approved projects, absent certain exceptions. The processing time is a different matter.
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