EB-5 Timeline to Permanent Residency
*Past I-526 petition processing times for this Project do not guarantee that USCIS will adjudicate any specific I-526 petitions for this Project within any specific period of time. Moreover, processing time averages for each step change over time. Prospective investors must consult with their personal immigration attorney to understand fully the requirements, risks and processing requirements for any investment in an EB-5 project.
*This information is not an offer of securities, or a solicitation of an offer to purchase securities. Offers of securities for this investment will be made solely by Confidential Private Offering Memorandum for this Offering (the “Offering Memorandum”) to qualified individuals. None of the information provided on this website constitutes legal advice.
*Offerings of the securities for this investment are made solely pursuant to the terms of the Offering Memorandum, which includes a detailed description of the terms of the offering, the Project and the risks of investment in the Offering. Investors must review the entire Offering Memorandum before making any investment decision to invest in this Project, and must rely solely upon the terms set forth in the Offering Memorandum with regard to their decision to invest in this Project. Any information provided outside of the Offering Memorandum should not be relied upon in making any investment decision, including the summary information provided for convenience on this website.
*Prior to the sale of any security to any investor currently living in the U.S. or visiting the U.S., the issuer will require such investors in the offering to provide information necessary to verify that such investors qualify as an accredited investor, as required under SEC Rule 506(c).
*Past I-526 petition processing times for this Project do not guarantee that USCIS will adjudicate any specific I-526 petitions for this Project within any specific period of time. Prospective investors must consult with their personal immigration attorney to understand fully the requirements, risks and processing requirements for any investment in an EB-5 project.
*An investment in this Project involves a high degree of risk of loss of the investment, as described in further detail in the Offering Memorandum. Investors should not invest in this Project unless they can bear the potential for the loss of some or all of their investment. There can be no assurance that any investor in this Project will receive approval of their I-526 petition or the return of their investment in this Project. Investors must review the Offering Memorandum to obtain further information regarding the risks of investment and consult with their own attorneys regarding the appropriateness of any EB5 project to their personal situation.
*A small number of applicants had a rejected I-526 due to administrative error unrelated to the project
*EB5Fast.com is the property of Odlum Equestrian Manager, LLC
*However, if an investor's country becomes subject to a visa Backlog before the I-526 Petition is approved, he will not be able to file Step 3 (Adjustment of Status) until his priority date becomes current, which may take many additional years
No one can perfectly predict when the processing for various countries will go into Backlog (sometimes called, Retrogression)
The USCIS defines Retrogression here
As of July 2020, China and Vietnam are in backlog. Some industry experts believe that there may be a backlog in coming months/years for countries like India, South Korea, Brazil, and Taiwan.
*If your I-526 is not filed AND approved by the time your country goes into a U.S. visa processing Backlog/Retrogression, your total time to obtain permanent residency could increase by many years
Depending on your country of origin, it may be important for you to note that projects with “Standard I-526 Processing” are not currently being processed quickly enough for the I-526 to be approved before some experts expect India, Brazil, South Korea, and Taiwan, to go into Backlog/Retrogression
An “Expedited I-526 Processing” project could be a solution for investors to get ahead of the Backlog/Retrogression
Consult with your immigration attorney to understand the risks for your country
How to Obtain Permanent Residence (Green Card) and Eventually Citizenship through the EB-5 Program.
There are four general steps that investors must complete to become U.S. permanent residents through the EB-5 visa program. Once these steps have been completed, EB-5 investors, their spouse, and their unmarried children under the age of 21 become U.S. permanent residents. They will also have the option to apply to become U.S. citizens five years after obtaining their conditional permanent residency.
(1) To see processing times for standard I-526 processing as of today, visit the USCIS website here:
https://egov.uscis.gov/processing-times/ > Form (dropdown selection: I-526) > Field Office or Service Center (dropdown selection: Immigrant Investor Program)
- As of June 2018, the USCIS website shows I-526s are currently being processed from 25 months ago
(2) 21 months after an immigrant obtains his/her Conditional Permanent Residency, s/he can apply to remove the “conditions” on his/her green card. The investor, their spouse, and their unmarried children under the age of 21 can then permanently live and work in the United States. They will also have the option to become U.S. citizens five years after obtaining their conditional permanent residency.
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Step 1: Locate an Appropriate EB-5 Project
The EB-5 applicant must first find a suitable project to invest in. One of the most important factors regarding project suitability is job creation. Many applicants are also interested in finding a project that is located in a targeted employment area. In finding a suitable project, applicants must also ensure that they meet accredited investor requirements to move forward with the EB-5 process.
EB-5 PROCESS AND TIMING: STEP BY STEP
Step 2: Capital Investment and I-526 Petition
After choosing a project to invest in, the applicant should find a good immigration attorney with significant EB-5 experience. Working with their immigration attorney, applicants must document the lawful source of their investment funds and that they have made the required minimum “at-risk” capital investment in the project. For “Rural” projects, that amount is $800,000. The immigration attorney will be provided proof of the investment and the investor’s lawful source of funds and will use that proof, along with documents provided by the project showing the eligibility of the project, to file an I-526 petition with the United States Citizenship and Immigration Services (“USCIS”).
As of March 2022, USCIS is processing “standard processing” I-526 petitions in between 47 and 71 months.
However, under the new EB-5 rules passed in March 2022, EB-5 investors in Rural Projects (including Tryon investors) now benefit from “Priority Processing” for their I-526 petitions, which is the fastest EB-5 process available.
(Historically, Tryon investors had a special grant from USCIS for “expedited processing”, which used different language to capture a similar idea: the fastest I-526 process available at that time and historically Tryon investors often received I-526 approvals in as little as 3 months.)
(If you were born in China/Vietnam and thus were previously subject to a “backlog” queue (based on the per country quota rules) which means it would have previously taken extra years to obtain a temporary Green Card, you now have the ability to bypass the backlog (per country quota queue).
- Under the new EB-5 reauthorization passed in March 2022, investors in rural projects get access to up to 2,000 “reserved visas” per year that have been “set aside” allowing them to bypass the historical backlog. Tryon has been the leading Rural EB5 Project for several years. Please call our team to discuss your situation and how you might be able to take advantage of the “Rural Set Aside” to bypass a per country quota backlog that affects you.
- Please also note that, in addition to the Rural Set Aside, the latest EB-5 rules passed in March 2022, also allow you to benefit from: (a) Priority Processing – for your I-526 and I-829 petitions and (b) Concurrent Filing - if you are in the U.S. in valid nonimmigrant status (e.g., H1B or F1), you can now file your I-526 and I-485 concurrently, for parallel processing (including applications for employment authorization and advance parole).
- Please see more information on our China/Vietnam webpage.)
Step 3: Two Year Conditional Permanent Residency
The third step of the EB-5 application process is for the applicant to become a two year conditional resident of the United States. EB-5 investors are eligible to apply to become U.S. residents once their I-526 petition has been approved by USCIS. Residency can be attained in one of two ways:
- If the EB-5 investor already has lawful non-immigrant status in the United States, then they may file form I-485 to adjust their status to conditional permanent resident. Upon approval of the I-485 application, the investor becomes a conditional resident as of the date of the approval.
- If the investor does not already have lawful status in the United States, they must proceed via consular processing. The immigrant visa application must be processed via the National Visa Center, and an interview will be scheduled at the U.S. consulate or embassy in their home country. Once the investor obtains a visa, and enters the U.S. with that visa, he or she becomes a conditional resident as of the date of entry.
Both of these steps require the help of an immigration attorney and the immigrant visa is issued, on average, in six to twelve months. During the two year conditional residency period, the investor is required to fulfill physical presence requirements, and typically cannot remain outside of the United States for more than one year without obtaining a re-entry permit.
Concurrent Filing Benefits - Under the new EB-5 rules passed in March 2022, if you are in the U.S. in valid nonimmigrant status (e.g., H1B or F1), you can now file your I-526 and I-485 concurrently, for parallel processing (including applications for employment authorization and advance parole)
Priority Processing - Under the new EB-5 rules passed in March 2022, investors in a Rural Project (like Tryon) may also receive Priority Processing for their I-485 and I-829 subject to the final Regulatory approach for Rural projects
Step 4: Unconditional Permanent Residency and the I-829 Petition
The final step in the EB-5 visa process is for applicants to remove the conditions on their green card by proving job creation and sustainment of their investment. The I-829 petition is submitted to USCIS during the 90-day window, prior to the second anniversary of the date that the applicant first received their conditional residency. This application proves that the investor has met all requirements of the EB-5 visa program. The investment fund is responsible for providing investors with the required proof that is used in the submission of the I-829 petition. Once an applicant submits their I-829 petition, their conditional green card is extended in 12-18 month increments until the I-829 petition is approved by simply obtaining an I-551 stamp. The investor, their spouse, and their unmarried children under the age of 21 can then permanently live and work in the United States and have the option to become U.S. citizens after a five year period from the date they received their initial conditional residency.
Priority Processing - Under the new EB-5 rules passed in March 2022, investors in a Rural Project (like Tryon) may also receive Priority Processing for their I-829 subject to the final Regulatory approach for Rural projects
EB-5 PROCESS AND TIMING: STEP BY STEP
Expedited vs. Standard I-526 Processing
EB-5 Timeline to Permanent Residency
Expedited vs. Standard I-526 Processing
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Address: 502 Golden Centre, 188 Des Voeux Road Central, Hong Kong
Phone: 919 299 3029
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EB-5 is a United States immigrant investor program that offers citizens of other countries the opportunity to seek permanent U.S. residency through an investment that creates jobs in the U.S.
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