Expediting an EB-5 Application: Options and Limitations

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency for foreign investors who make significant capital investments in new commercial enterprises that create or preserve at least ten full-time jobs for qualifying U.S. workers. While the standard processing times can be lengthy, investors often seek methods to expedite their applications. Understanding the available options and their strict limitations is crucial for effective planning.

Expedited Processing Pathways

Unlike some other visa categories, the EB-5 process does not offer a straightforward "premium processing" option for the initial I-526E petition in the same manner as employment-based categories. However, certain circumstances may allow for faster review or adjudication.

Expedited Adjudication Based on Humanitarian Need

U.S. Citizenship and Immigration Services (USCIS) may grant expedited processing on a case-by-case basis under severe humanitarian circumstances. This is rare and requires substantial documentation.

• Medical Emergencies: Life-threatening situations involving the petitioner or an immediate family member.
• Urgent Humanitarian Reasons: Circumstances where undue hardship would result from standard processing delays.
• U.S. Government Interests: Cases where expediting serves a significant interest of the U.S. government.

Requests must be submitted with compelling evidence to the service center handling the I-526E petition.

Concurrent Filing and Form I-485 Processing

For investors who are already legally present in the United States and whose priority date is current, concurrent filing of Form I-485 (Application to Register Permanent Residence or Adjust Status) alongside the I-526E petition is the primary way to shorten the overall timeline.

While this is not true "expediting" of the I-526E itself, it allows the adjustment of status process to begin immediately. USCIS may grant expedited processing for the I-485 based on urgent employment needs or severe financial loss to a company or person, though these standards are high.

Limitations on Expediting EB-5 Petitions

It is essential for investors and their advisors to manage expectations regarding processing speed. The EB-5 program is subject to significant backlogs, particularly for investors from high-volume countries.

No Guaranteed Premium Processing for I-526E

As of current regulations, there is no mechanism equivalent to the premium processing service offered for Form I-140 petitions, which guarantees a response within a set timeframe for an additional fee.

The focus for EB-5 expedites remains on demonstrating extreme hardship or urgent U.S. government interest, rather than simply paying a premium fee for faster review of the investment merits.

Impact of Visa Retrogression

Even if an I-526E petition is approved quickly, the final step—obtaining the green card—is dependent on the availability of an immigrant visa number. If the investor’s country of chargeability is subject to visa retrogression (i.e., the wait time exceeds the approval time), the entire process will be stalled awaiting the "current" date in the Visa Bulletin.

Key factors influencing the wait time include:

1. The investor's country of birth.
2. The filing date of the I-526E (priority date).
3. The annual cap limitations set by Congress.

Due Diligence and Investment Integrity

USCIS reviews EB-5 applications rigorously to ensure compliance with job creation requirements and lawful source of funds. Attempts to rush the review process should never compromise the integrity of the underlying investment documentation.

Errors or omissions in documentation, such as insufficient proof regarding the source of funds, will lead to Requests for Evidence (RFEs) or denials, effectively slowing down the application far more than any standard processing time.

Conclusion

Expediting an EB-5 application beyond standard processing times is generally difficult and reserved for extraordinary circumstances documented through humanitarian or urgent governmental necessity. For most applicants, the most effective strategy involves ensuring the initial Form I-526E is perfectly prepared and filed concurrently with Form I-485, if eligible, to minimize the total time spent waiting for status adjustment.