*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.
*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.
*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
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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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How to Speed Up USCIS Processing Time
The EB5 visa program offers immigrant investors a path to residency within the United States if they invest capital into the economy and create a certain number of qualifying jobs for United States citizens throughout the designated investment period.
This lifeline for the economy has thrived, creating several billion dollars in revenue to create jobs and bolster local economies, without the need to raise taxes on citizens. (1)
“Created in 1990 by Congress, the “EB-5,” or the Investment Immigration Program, aims to incentivize foreign nationals to invest capital and create jobs in the U.S.”
Preetam Kaushik
For immigrant investors, however, the EB5 process is not a simple one. Hiring an immigration lawyer or working with a regional center is paramount for any investor if they want to succeed in meeting their EB5 requirements.
Investing in the United States economy through the EB5 visa program comes with plenty of questions. In this article, the team at EB5Fast will explain what the typical EB5 timeline is, how to speed up USCIS processing time, and what you can do when your case is taking longer than normal.
Understanding the Typical Timeline for Your Green Card or Visa
Every EB-5 case is different, so there is no set timeline where a green card or visa approval or denial is guaranteed to any investor.
Typically, it takes an EB-5 investor five years from the date of initiating their petition to work with a regional center or invest in an individual business to complete all requirements by the USCIS and qualify for a permanent residency visa.
The initial green card is typically approved after six months when following the EB-5 visa program, allowing investors to reside in the United States while they complete their qualifications to receive conditional residency and later, permanent citizenship status.
On average, 10,000 EB-5 visas are issued each year across several countries, with each country receiving a limit of 700 visas which include investors and immediate dependent family members. This leaves investors an opportunity to become approved and receive a green card from a pool of 233 available investor visas. Once conditional residency has been approved, these temporary visas are eligible to be used for two years. At the end of this time, the investor must apply for the removal of their residency conditions to await approval for United States citizenship.
In many cases, investors choose EB-5 projects that will allow them the ability to expedite this timeline to avoid typical USCIS delays. A regional center can help investors learn how to speed up USCIS processing time through expedite requests.
It is important to note that an expedite request does not guarantee that the application or petition will be expedited. The expedite must be either approved or denied after the criteria are met, then the application will continue processing.
How Many Cases Does USCIS Process Each Day?
It is estimated that the USCIS processes between 26,000 and 30,000 cases every day. Cases are processed in the order they are received, meaning any cases that are in the backlog will receive attention before the case that was recently submitted, leading to the long processing times the USCIS is known for.
The USCIS operates every day of the week except federal holidays. This means that cases are not processed on weekends nor are mail notices or email responses to applications or petitions.
How to Speed Up USCIS Processing Time
Many people try to learn how to speed up USCIS processing time, but outside of an expedite request or congressional support, this is generally not possible.
Fortunately, for investors who are worried about paperwork in processing at the time of a significant deadline, such as a green card expiration date, the USCIS will extend the time given to the investor so long as they have made all communications and evidence reports promptly, and all appropriate applications are pending with the USCIS. If any applications or petitions have failed to be received by the USCIS, then these extensions do not apply.
The USCIS is known for its delays and only considers expedite requests on a case-by-case basis when there is evidence to support all claims the investor makes during the request. Expedite requests may only be approved under certain circumstances, such as:
- Severe financial loss
- Compelling United States government interests
- Urgent humanitarian reasons
- Clear USCIS error
Under these circumstances, it is up to the investor to provide proof of one or more of these circumstances when filing for an expedite request.
An expedite request does not guarantee that the application or petition is approved; an expedite request simply approves or denies the USCIS’s ability to process the application or petition under faster processing times than normal.
How to Make an Expedite Request
There are multiple steps to learning how to speed up USCIS processing time, and the process can only be done under certain criteria.
An expedite request may be done after, or in tandem with another petition or application in the EB5 process. To make an expedite request to the USCIS, you must first have your petition or application’s receipt number and evidence that qualifies your case for expedited processing.
Without ample evidence that your case qualifies for the expedite request, the request may be denied.
The first step is to call the USCIS Contact Center at 1-800-375-5283, or 1-800-767-1833 for the deaf or hard of hearing. You will be prompted to give the receipt number for your application or petition, and your case will be referred to the correct operator in your jurisdiction.
You should make a compelling case to the operator over the phone. They may request your evidence via email, but the case made over the phone will secure the best chances at receiving consideration for expedited processing. You will receive a receipt number for the expedite request, which you should save.
If requested, supply the necessary documentation. After that, the USCIS will notify you via email whether the expedite request is denied or approved.
References
- Preetam Kaushik, Investing in the American Dream: Immigration and the EB-5 Program, https://www.huffpost.com/entry/investing-in-the-american_b_3476266
- USCIS.gov, How to Make an Expedite Request, https://www.uscis.gov/forms/forms-information/how-to-make-an-expedite-request
When to Ask for Expedited Processing?
An investor should only ask for expedited processing when there is an emergent need. (2) The USCIS only considers expediting requests when they meet certain criteria. These criteria are as follows:
- Severe financial loss to a person or company unless urgent action is taken
- Urgent humanitarian circumstances such as individuals seeking asylum
- Compelling United States government interest, such as projects regarding public safety and national security
- Clear USCIS error on previously submitted documentation
“After receiving the service request, the reviewing office may request additional documentation to support expedited processing. A decision on an expedite request is not an approval or a denial of the underlying benefit request.”
USCIS.gov
Contrary to popular belief, a denied expedite request does not send the application to the bottom of the processing queue. An expedite request only affects the investor’s petition or application if it is approved to be processed ahead of the normal schedule.
How to Appeal USCIS Denial of Your Petition or Application
There are several steps to learning how to appeal USCIS denial. First, the individual must have legal standing to appeal; for example, the petitioner may file an appeal but their beneficiary or another third party may not.
Applicants must fill out Form I-290B, Notice of Appeal or Motion, to file an appeal. This paperwork must be sent into the AAO within 30 calendar days of receiving the denial notice – 33 days if received via mail – and appeals to revocations must be made within 15 calendar days – 18 if the notice was received via mail.
Applications, along with new evidence, supplemental briefs, and any filing fees must not be mailed directly to the AAO as it will be rejected and returned as not properly filed. The USCIS website provides the correct address, and the denial letter should also provide instructions on where to file the request.
How Long Does It Take for USCIS to Respond to Expedite Request?
No matter how many steps are taken to speed up USCIS processing times, no response will be immediate. It can take the USCIS up to 45 days to decide whether to expedite a petition or application.
This decision may be further delayed if not enough is provided and the request is denied, resulting in the need for an appeal or further documentation.
If the USCIS does not decide by 45 days, the receipt number received in the original expedite request application may be used on the USCIS website to track the current case status to determine whether the expedite has been approved or denied.
If the USCIS does not expedite the petition, immigrants may also contact their relevant congress representative to supply supporting documentation and request that they sponsor them in requesting an expedite on a petition or application.
Are USCIS Processing Times Different?
Many investors are wondering whether USCIS processing times are different due to the office closures in 2020, as well as the extended effects of the pandemic. Unfortunately, there is no way to know for certain whether the USCIS processing times will change for applications and petitions because of these events.
All USCIS office appointments are being rescheduled to when the individual location is open, and new procedures are in place to keep offices as risk-free for its occupants, including requiring masks worn at all times within the building and a temperature screening before entry.
Many investors are seeking expedite requests under the clause of severe financial loss or urgent humanitarian reasons for extended processing times to make up for the delays closed offices have made.