[Immigration Law] EB-5 Visa: Application Processing Times
The current processing times for EB-5 visa applications are as follows:
1. Form I-526 ("Immigrant Petition by Standalone Investor")
The processing time for Form I-526 currently ranges between 31 and 50 months. This petition is crucial as it determines the investor's eligibility and the legality of their investment under the EB-5 program.
2. Adjustment of Status (Within the U.S.)
For applicants already residing in the U.S. under a non-immigrant visa, after the I-526 petition is approved, Form I-485 ("Application to Register Permanent Residence or Adjust Status") must be submitted. This adjustment process typically takes between 6 and 8 months, although exact processing times can vary depending on the service center handling the application.
3. Consular Processing (Outside the U.S.)
For applicants outside the U.S., after the I-526 petition is approved, they must file Form DS-260 (Immigrant Visa Application). The National Visa Center or the U.S. embassy usually provides instructions within 30 to 45 days after USCIS approval. If the priority date is current, the interview is typically scheduled within 60 to 90 days.
4. Form I-829 ("Petition to Remove Conditions on Permanent Resident Status")
The final stage involves filing Form I-829, which removes the conditions on the investor's and their family's permanent resident status. Processing this petition takes approximately 22 to 48.5 months. This step is essential for securing permanent residency in the U.S. without any conditions attached.
These processing times are estimates and may vary depending on the complexity of individual cases or the operational conditions at USCIS and other relevant agencies.
This column provides general legal information regarding immigration law and should not be interpreted as specific legal advice for individual situations. The laws and procedures applicable to each case may vary, and legal responsibility is not assumed based on the information provided in this column. For specific legal advice, it is essential to consult with an attorney.
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