I am working in the U.S. on an L1-A visa. For timing purposes, which type of regional center investment in EB-5 would be processed faster, so I can adjust my current immigration circumstances quickly: a Rural or High-employment area?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryBoth are current under both final action date and date for filing, however, more high unemployment has been filed and rural has twice as many visas allocated. My advice is since both will produce a 5-year work and travel card that you evaluate the specific project in terms of which is likely to provide greatest option to return your money, in addition to being compliant with immigration requirements.
Lynne Feldman
Immigration Attorneys DirectoryNot sure there is a real difference in processing, but several rural projects have advertised very quick approval rates. You should first choose a project you believe in.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryNo real difference in processing as of today… if you are from a country for which EB5 visa availability will retrogress, err on the side of caution and choose rural but it depends on the demand from that specific country as well. Speak with your attorney to ensure your rights and immigration record are protected.
Michael A Harris, Esq
Immigration Attorneys DirectoryInvestments in rural projects sponsored by regional centers indeed benefit from “priority processing” as mandated by recent legislation, which is designed to expedite these cases due to the significant need for investment in rural areas. The EB-5 Reform and Integrity Act of 2022 specifically allocates a portion of the annual EB-5 visa quota to rural projects, reserving 20% of available visas for rural investments. This prioritization translates to faster adjudication timelines for I-526E petitions linked to rural projects, allowing investors in these areas to potentially achieve their immigration objectives more quickly than those in high-unemployment or urban areas.
While both rural and high-unemployment areas (HUAs) qualify as Targeted Employment Areas (TEAs), only rural projects are designated to receive this expedited processing. Investors considering HUAs may still experience benefits such as reduced investment thresholds. However, they may not see the same expedited processing, and as demand grows in these areas, particularly through 2025, backlogs could develop. Such delays may extend processing times for HUA-based applications and could impact the speed at which investors in these projects move through the immigration process.
If adjusting status swiftly is your goal, rural area projects could be advantageous, given both the processing priority and the reserved visa allocation, making them a compelling choice under current regulations. However, it's always wise to consider individual circumstances and potential changes in policy that may affect processing times across all EB-5 categories.
Darren Silver
Immigration Attorneys DirectoryFrom our recent experience we are noticing that USCIS is prioritizing the adjudication of Rural projects. There are other factors as well. Feel free to contact me so we can discuss your specific situation.
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