Global Investor Visa

How does the EB-5 program handle visa backlogs and waiting times?​

The EB-5 Immigrant Investor Program is affected by visa and waiting times that can have a major impact on the processing of green cards. The program has a cap of 10,000 visas worldwide that can be requested for each year, and around 3,000 of those are reserved for investments in Targeted Employment Areas (TEAs). When demand exceeds the number of available visas, this creates a backlog of applicants waiting for the same country and visa type to become available. While the EB-5 program is not country-specific, there is a limited number of EB-5 visas available for each country depending on demand; this goes especially for high-demand countries like China, Vietnam, and India. Once a country reaches the cap on EB-5 visas, applicants from that country will have to wait longer for their visas. The investor can at least track how long they will have to wait to get a green card by tracking their priority date through the Visa Bulletin that is released monthly by the U.S. Department of State, which shows when a visa number is available depending on the applicant’s country and priority date. While the processing time for an applicant from filing Form I-526 to when they receive a conditional green card is typically between 18 months to 2 years, the wait will be much longer for those who are from countries with backlogs. In addition, even for Regional Center investments where pooled funds are typically used to invest in larger projects, the investment is still backlogged, which still delays the investor’s ability to obtain a green card.

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