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EB-5 visa processing and wait times

EB5 States > EB-5 Visa Processing Times

Table of Contents

For any visa category, the USCIS processing times fluctuate depending on the number of pending applications and the number of applications filed each year. Although the EB-5 Visa Green Card program has existed since 1990, it has recently gained significant popularity, particularly in 2017, 2018, and 2019, when most applications were filed.

How long does it take to get an EB-5 visa?

As of December 2022, the EB-5 visa processing time for the I-526 Immigrant petition ranges between 29.5 and 61 months, according to USCIS processing estimates. For investors already present in the USA, the I-485 processing time for the USA investment Green card application to adjust status is between 7 and 29 months, depending on the service center.

For investors outside of the U.S., the National Visa Center and Consular process take approximately 6 to 12 months.

For any visa category, the USCIS processing times continue to fluctuate based on the number of pending applications and the number of applications filed each year. Again, you can refer to EB5 Costs for more information.

How long is the EB-5 visa wait time in 2020?

According to the U.S. Department of State – Visa Bulletin January 2023, the EB-5 visa is currently current, meaning there is no backlog or retrogression. The estimated processing time for the I-526 petition ranges from 24 to 36 months. At the end of this approval process period, a temporary USA investment Green card is issued to the investor.

Waiting Period

The current waiting periods are mentioned below:

  • I-526: 31 months to 50 months
  • I-485 (Adjustment of Status): Varies based on the Service Center.
  • DS-260 (if in home country): The National Visa Center/consulate takes 30 to 45 days after receiving USCIS approval to provide instructions on the next steps. You must wait to hear from NVC before proceeding. Depending on your consulate, once NVC/consulate receives all required documents, they usually schedule an interview within 60 to 90 days if the priority date is current.
  • I-829: 22 months to 48.5 months
  • I-924 (for an EB-5 Regional Center Designation): 51.5 months to 77 months

This is the general wait time for anyone filing an EB-5 Visa application, and the timelines are determined based on the country of birth.

See the Latest EB-5 Visa Bulletin from USCIS.

Country of Chargeability

The concept of country of chargeability in United States immigration refers to the foreign state determined to be the applicant’s origin. Generally, the applicant’s country of birth determines their country of charge ability. This process is also known as “alternate chargeability.”

Processing times depend on the following factors:

  1. Filing the petition.
  2. Waiting for the priority date (determined by country) to be current.
  3. Adjustment of status or going through consular processing.

Keep reading about the step-by-step process of EB-5.

Processing Times for Each Step

Processing times for the I-526 Petition

An I-526 application is required to proceed and obtain a conditional green card from USCIS. The processing time for this petition varies significantly based on the complexity of your case and the workload at the service center handling your petition. The current waiting period is approximately 31 months to 50 months, but it could be shorter or longer.

Processing time for DS-260 and I-485

The DS-260 application allows investors and their dependents to begin their residency on the Conditional Green Card. Investors who are not already in the United States when their I-526 form is approved must file a DS-260 application to obtain conditional permanent residency status during the visa process. This application can be filed at a U.S. consulate or embassy abroad and requires an interview at the respective consulate or embassy. Once the NVC/consulate receives all the required documents, they usually schedule an interview within 60 to 90 days if the priority date is current. You may seek assistance from an immigration attorney to file your DS-260 application. If you are already in the United States on a different immigrant visa, you can apply for Form I-485 (Adjustment of Status).

Wait Times for I-829

The I-829 application represents the final step of the EB-5 visa process for immigrant investors seeking lawful permanent residency in the United States. This petition includes evidence demonstrating that the immigrant investor has successfully fulfilled all requirements set forth by the United States Citizenship and Immigration Services (USCIS). Once the I-829 is approved, the investor, along with their spouse and unmarried children under the age of 21, can permanently reside in the United States without any conditional restrictions. Currently, this process can take approximately 22 months to 48.5 months. The EB-5 investor can file the I-829 petition with USCIS starting 90 days before the two-year conditional permanent status period expires. The applicant’s conditional residency is extended while the I-829 is being processed. Therefore, it is crucial to file the I-829 application within 21 to 24 months of the investor’s two-year conditional residency period to avoid jeopardizing the opportunity to obtain a permanent residency card.

What is the EB-5 Visa Priority Dates for all countries?

According to the U.S. Department of State – Visa Bulletin December 2022, the EB-5 priority date for all countries is current except for China and India. In addition, the processing time for the I-526 Immigrant Investor Visa petition ranges between 29.5 and 61 months.

The estimated processing time for the EB-5 investment visa I-526 ranges from 29 to 61 months, depending on whether a country’s visa availability is current or backlogged. A temporary USA Green card is issued to the investor at the end of this processing period.

To see the priority date for backlogged countries (or retrogression), refer to the Visa Bulletin on the USCIS website.

The EB-5 States is here to assist you in navigating the path to citizenship through investment. We have successfully helped numerous families navigate the EB-5 immigration landscape.

You can make an appointment to schedule a one-on-one session and meet Vivek Tandon Esq., a U.S. Lawyer and Investment Banker. Contact us for more information.