EB-5 INVESTOR SCRUTINY
Why EB-5 Investors
Cannot Simply Buy a Green Card
By David Hirson and Winnie Ng
Many people, including some legislators, have viewed EB-5 as a “cakewalk” with little scrutiny
where wealthy investors simply queue up for a fast-track green card. Although this is far from
true, their viewpoint is understandable if they have not experienced the process first-hand. This
is the reason new investors often ask us the following questions.
I. Is EB-5 the Fastest Way to Get a Green Card?
a. Stage One: Form I-526, Petition by Alien
Entrep reneur
attempt to force adjudication. While this is often the only way
for these investors to ensure a response from USCIS, this process
is costly and time consuming.
Compared to other Employment-Based Immigrant Visa categories, EB-5 currently has the longest processing time. While
current average processing time for all other EB (employmentbased) categories’ initial petition is between four to 10 months,
EB-5’s initial petition (I-526) has a current average processing
time of over 14 months. In reality, many petitions take over 24
months to adjudicate.
b. Stage Two: Consular Processing (CP)/Adjustment of
Status (AOS)
Due to this long adjudication delay, many investors have
resorted to filing writ of mandamus actions in court in an
62
Unlike other EB visa categories where approved petitioners
can directly apply for permanent residency in the United States,
EB-5 petitioners with approved petitions can only apply for a
two-year conditional permanent residency in the United States.
Before the expiration of their conditional permanent residency,
they must apply for removal of condition.
EB5 INVESTORS MAGAZINE