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Expedited Processing of EB-5 Immigrant Petition by Alien Entrepreneur

by Hamid R. Kashani, Attorney at Law
Nov 07, 2018 (last modified Apr 24, 2019)

Generally, the USCIS takes approximately two (2) years to decide (approve or deny) an Immigrant Petition by Alien Entrepreneur (USCIS Form I-526). And, unfortunately, no premium processing is available for Form I-526. However, if you meet certain circumstances, you may request expedited processing of your application, which would substantially reduce the processing time.

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Allowing expedited processing is within the discretion of the USCIS.  According to the USCIS, to request expedited processing, you must present evidence to establish one or more of the following grounds:

  • Severe financial loss to company or person;
  • Emergency situation;
  • Humanitarian reasons;
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
  • Department of Defense or national interest situation;
  • USCIS error; or
  • Compelling interest of USCIS.

1 USCIS Policy Manual ยง A(12)(A).

The expedited processing is made available to address, among others, humanitarian needs of the individuals wishing to immigrate to the United States. The availability of expedited service is not an invitation to request it on a wholesale basis.  Requests for expedited processing should be reserved for the instances where such requests can be supported by credible and compelling evidence.

Related Topics:

EB-5 Regional Center Investment

EB-5 Direct Investment

 

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