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charging station infrastructure , this could be used as an argument that the project is furthering DOE mandates on energy efficiency and electric charging station infrastructure . If a project is for example as a consequence of development cleaning and dredging federal or interstate waterways and the clearing of the waterways , which are to the interests of The Department of Defense (“ DoD ”) for national security issues and for furthering a DoD mandate of improving waterway navigation by the United States Navy , United States Coast Guard or other DOD member agencies , an expedite filing could be made to make the argument for an Expedite with the USCIS . Typically , the USCIS has to adjudicate these expedite requests withing 90 days . An expedited project could be a very fast way for investors to fast-line the EB-5 process .
The USCIS also did away with the blank check expedites and required that each I-526 applicant file the expedite request of the project and USCIS would accept or deny the expedite , even when approved at the project level , on a case-by-case basis .
OLD AND NEW PROCESSING TIMES
Typically , an investor files their I-526 application with the USCIS . Before the RIA and the almost one-year of EB-5 laws lapsing , this process was taking between 21-28 months . After the notice of I-526 approval , the investor has to get an appointment to attend the US Consular office in their home country . This process usually takes around four months . If the applicant is applying from Mainland China , the wait times for a Consular visit in Guangzhou can be double the typical wait time , reaching roughly eight months .
When an investor starts their intent to immigrate , then 21-24 months after that date , they can file their I-829 application – in pre-IRA this was taking around 32 months to adjudicate . Many of these average adjudication times are moving targets and we will not know where the wait times are headed but the industry anticipates that all of these average wait times should be coming down .
“ One new feature of the RIA is the concept of concurrent filing which can be a game changer for investors in terms of when they can start their immigration process .
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CONCURRENT FILINGS
One new feature of the RIA is the concept of concurrent filing which can be a game changer for investors in terms of when they can start their immigration process . Under concurrent filing , an investor can have what is called “ Advanced Parole .” The concept of Advanced Parole means that an investor who is legally in the United States under another visa category , such as an F-1 student visa , an L-1 work visa or many other visa categories , can remain in the United States and have legal work authorization until they receive their temporary green card . What Congress is essentially saying is that : we