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The EB-5 Process Described Under the New Rules & Timing

A business man holding the key to success

Immigrant Investors in the U.S. are happy that the Regional Center EB-5 program has been reauthorized. The program was in limbo for over 9 months and has finally been revitalized.  The EB-5 program allows investors to obtain a green card if they invest a certain amount in businesses or projects that will create 10 full time jobs.

You can find out more about the EB-5 program by clicking here.

You can see our YouTube Webinar on the EB-5 program and changes by clicking here.

Key Changes to EB-5 Program

The Key Changes to the program were implemented on March 11, 2022, and are as follows:

  • Increase of minimum investment amount from $500,000 to $800,000
  • Maximum investment amount slightly increased to $1,050,000
  • Change of TEA rules that make it harder to qualify for the lower amount
  • Program reauthorized until Sept. 30th 2027
  • New filings will start in 60 days
  • Filings before Sept. 30th 2026, will be adjudicated in the future so that this same issue does not occur again
  • 32% of visas set aside for specific types of EB-5 projects
    • 20% of EB-5 visas for rural areas
    • 10% for high unemployment areas
    • 2% infrastructure projects
  • Applications filed before June 30th, 2021with the lower investment amount of $500,000 will be adjudicated
  • Ability to file an I-485 petition concurrently with an I-526
    • Ability to file for work authorization
    • Ability to file for Travel Authorization
  • Source of funds extension to administrative fees (legal, regional center and filing fees)
  • Clarification of loans and gifts

EB-5 Process and Timing

The EB-5 process involves some key steps as outlined below:

 

Petition Filed Description Timing for Adjudication
I-526 Petition that shows investor invested the required funds and proof that the project can create 10 jobs.  This is also where source of funds is assessed. 2-3 years.  The timing on the USCIS website can exceed 4 years. Often clients will sue the U.S. Government through a Mandamus petition to prompt faster adjudications.
I-485 This is the green card procedural part of the EB-5 process. The I-485 is filed for all green card petitions when you are in the U.S.  Based on the new rules, this petition can now be filed concurrently with the I-485 as long as the visa category is current. This was a significant change. This will not be approved until the I-526 has been approved and would likely take at least 1 year after the I-526 approval.
I-765 Work Authorization – this petition gives you the ability to work while in the U.S. once approved. If you file an I-485, you can file an I-765 petition concurrently also.

 

Timing 6-8 months if filed without Advance Parole

 

Timing can take 1 year if you file together with the I-131.

I-131 Travel Authorization – this petition gives you the ability to travel once approved. If you file an I-485, you can file an I-131 petition concurrently also.

 

Timing of 3-4 months if filed without EAD

 

Timing can take a year if you file together with the I-765

Consular Processing If you are outside of the U.S., you would Consular process once your I-526 has been approved to obtain the green card. Timing 6-12 months depending on the Consulate
I-829 When your green card is approved, it is approved for 2 years.  After 2 years, you must file to have the conditions removed. Timing 4-6 years but you can continue to receive the green card benefits while waiting.

FREE EB-5 Visa Resources

Click on the buttons below in order to claim your free EB-5 Visa Guide, sign up for our free EB-5 Visa Webinar, or watch our EB-5 Visa videos.

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This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

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