Immigration Questions

How long will the process take?
Currently, USCIS is taking about 21 to 26 months to adjudicate EB-5 petitions.

Another important point of consideration for citizens of India is visa retrogression.

Congress sets limits on the number of immigrant visas that can be issued each year. In order to adjust status to that of legal permanent resident, an immigrant visa must be available to the applicant both at the time of filing and at the time of adjudication. A final action date (FAD) marks the end of a “current visa” status for a country, indicating a backlog. It does not affect the project. Most countries do not have a FAD as it is current. Countries with a FAD means that an investor is only eligible for the green card (adjustment of status or consular processing) if the priority date is available.

Due to the dramatic increase in demand for EB-5 visas, the State Department will impose a FAD for India no later than June 2019 – it could well be earlier. Once a FAD has been imposed, Indian nationals will likely wait a long time to come to the US, even though their petitions have already been approved. So it’s better to apply ASAP.

Who can immigrate with me?
The investor, investor’s spouse and children under 21 can immigrate with the investor.
For children approaching 19-20 years of age, careful planning is required. The Child Status Protection Act (CSPA) protects the child to a limited extent by freezing their age for the period of I-526 adjudication. But you have to consider the impending backlog for India next year.When visa retrogression occurs, a complicated formula is then used to determine if the child qualifies to immigrate.