EB5 PROCESSING TIME | Have Indian Nationals Retrogressed / under Backlog?

What is the processing time for an EB5 USA visa application for an Indian National?

The honest and harsh truth is that the answer to this question keeps changing. Any level of attempt to address this question would be void, and in all possibilities, an answer written today is likely to fail to hold true by the time a reader reads. You should hence seek a consultation from your consultant to get a real time update (as of the date of your question). Alternatively, you can contact any of our office locations in India for updated information as on date.

That said, below is a fast forward recap of the situation on the captioned subject as of October, 2020:

• Till late 2019, Indian Nationals (EB5 applicants born in India) had heavily retrogressed. In a laymen language, the backlog went high making it impossible for an EB5 applicant from India, having applied somewhere in the year 2019, to obtain a conditional green card in the otherwise perceived time frame of 18 to 24 months. EB5 Applicants may still get their I-526 approved on time, however, not the conditional green card. It is like buying a car, which gets delivered on time, but there is a restriction on fueling the tank which thus makes the car void.
• The good part though is that priority dates remained current for Indian nationals almost throughout the year 2020. This was quite unexpected and has been a pleasant surprise for eb5 applicants who applied in 2018 & 2019.
• One can expect an I-526 adjudication time frame of minimum 2 years going forward, plus the wait period for getting adjusted (AOS) or consulate processing, at the case be.

The amended USCIS regulations don’t mandate the investment to remain on US soil after I-829 is filed. Earlier, the requirement was to keep the amount invested till I-829 was adjudicated. With the new regs, an investor will be able to seek his invested capital back from the Regional Center at least 2 years earlier. This is a welcome move.

To summarize, one should expect 2 years at a minimum for getting the I-526 approved, and somewhere around of 6 years for return of invested capital.

For inputs specific to the topic of retrogression, you may read the article

This answer has been written by the team at EB5 India Advisory Pvt. Ltd. and is intended for educational purposes only. eb5EXPERT is the financial services division of EB5 India Advisory Pvt. Ltd., which is an India based EB5 consulting firm with a 100% exclusive focus on EB5 visa program with offices at Ahmedabad, Delhi, Mumbai, Bhopal, Hyderabad, Chennai, Ghaziabad, & Rajkot. Feel free to meet any of our team members comprising of Chartered Accountants, US CPA, Certified Fraud Examiners, Lawyers, Ex-bankers, FEMA Consultants.