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EB-5 Processing & Procedures

FAQs on step-by-step procedures involved in all phases of EB-5 processing

[Q] What are filing fees for I-526 and I-829?

I-526 immigrant petition: $1,435 regardless of whether dependents are included or not.

I-829 condition removal: $2,850 plus a biometrics fee of $80. An additional biometrics fee of $80 must be paid for each conditional resident dependent, listed under Part 3 or Part 4 of Form I-829.

Why is it so expensive relative to other types of applications? Supposedly, it's more time-consuming to review and decide EB-5 applications. We believe EB-5 investors would not mind paying the relatively high filing fees if the processing times were quicker. Hopefully, the processing times will come down.

[Q] Is there a premium processing available to get I-526 or I-829 decided more quickly?

Unfortunately, not yet, but USCIS is looking into this possibility, but don't hold your breath.

[Q] Is a "concurrent" filing allowed so that I can file I-526 immigrant petition and I-485 together at the same time?

No, although "concurrent" filing is allowed for some Employment-based categories, I-526 immigrant petition and I-485 adjustment cannot be filed together at the same time in the United States. USCIS does not like "concurrent" filing too much, so we do not see USCIS allowing concurrent filing in near future, if ever.

"Concurrent" filing is helpful when the applicant will have a hard time maintaining status while an immigrant petition is pending. This means it will be very difficult for an applicant who entered the United States to file I-526 petition and then be able to adjust in the United States.

[Q] I obtained CPR status through EB-5 case. When can I apply for I-829?

You and your dependent family members should submit I-829 condition removal application to CSC during the 3 months window period, beginning from 21st month to end of 23rd month from the acquisition of CPR status.

[Q] At what exact point during the EB-5 processing, is conditional permanent resident (CPR) status acquired?

The exact point in time at which the conditional resident status (CPR) is acquired is at the time the applicant or dependent family member enters the United States as intending immigrant with the valid immigrant visas, or at the time I-485 adjustment application is approved by the USCIS.

[Q] What are some reasons for delay in I-526 petition adjudication?

There may be a Request For Additional Evidence (RFE) issued by the USCIS examiner in charge of I-526 petition. Responding to the RFE and getting a decision may take another 2~3 months. RFE may be very simple or complex.

[Q] How long does I-526 petition take to get adjudicated by USCIS?

It varies dramatically with the available staff, number of EB-5 related cases pending and resources of CSC at any applicable time. We would say on the average it takes anywhere between 5 to 7 months from the time I-526 petition has been submitted.