How long does it take for an EB5 Visa Green Card Application?

The total time from application to approval takes approximately nine to fifteen months and at the time of writing every EB5 regional centre investor in certain programs has received a CONDITIONAL green card, however some programs have encountered specific difficulties which are not being flagged up on the web.

(Under the regulations, an investor who is approved for the EB-5 immigrant visa receives a "conditional" green card, which must be reissued after two years. Otherwise, the two cards offer the same rights and privileges).

Once an applicant has invested in an approved program their Attorney files Form I-526, (Immigrant Petition by Alien Entrepreneur) with the appropriate regional USCIS Service Center including the fees and the evidence in support of the application.

Regulations require that the investor demonstrates assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.

Processing by the USCIS for Form I-526 is currently running between two and eight months.
 
The reasons why different programs have different processing times are very important but rarely explained this is covered at our briefings

After form I-526 is approved overseas applicant must attend an interview at the US Embassy in their country to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues.

If the investor and his or her family are legally based in the United States at the time, then the application may be filed at the appropriate office of the USCIS.

This takes the whole application process to between nine months and fifteen months. A conditional Green Card is then issued allowing the investor to emigrate with immediate family. (Spouse and children under 21 at the time of application). The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver's license or social security number, paying state and federal income taxes, renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession.

The investment must be held for a further two years, bringing the total investment time to approximately three years. At that stage an application is made to the Immigration Service office for 'Removal of Conditions', which takes a further two or three months.

Once the conditions have been removed the investment may be sold in certain circumstances although there are important points to bear in mind regarding this. This is a particularly critical stage and unfortunately far too little attention seems to be given to an exit strategy by some of the programs.