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Atlanta Immigration Lawyer > Blog > Family Immigration > How Long Does it Take An EB-5 Visa Applicant to Get a Green Card in the United States?

How Long Does it Take An EB-5 Visa Applicant to Get a Green Card in the United States?


Coming to the United States via the EB-5 investor visa is possible. This visa, which was introduced back in 1990, is meant to attract foreign capital that can be funneled into the United States economy and support employment opportunities. There are specific criteria that must be met to qualify for the EB-5 visa. If you meet the eligibility requirements, then not only will you be able to obtain permanent resident status, but your spouse and any children you have who are under the age of 21 and unmarried can come with you and also obtain a green card. These requirements are as follows:

  • Make the necessary investment into a U.S. commercial enterprise and plan to create or maintain ten permanent full-time jobs for individuals qualified to work in the U.S.

Like most visas into the U.S., the process of obtaining a particular visa and then admission into the country is usually not immediate. From application submission to processing, timelines can vary. With the help of an immigration attorney, though, visa applicants, including those applying for the EB-5 visa, will have assistance throughout the entire process and be kept up to date on their status.

For help with an EB-5 visa or for assistance with another immigration issue, the Atlanta family immigration attorneys at Shirazi Immigration Law Inc. are here for you and prepared to help you meet your immigration goals.

The Timeline for Obtaining a Green Card Through the EB-5 Visa Program in the U.S. 

When you submit your initial petition, or Form 1-526, the length of time it will take for processing can vary. You may have to wait up to 47 months for processing or as long as 71 months.

After your petition is processed, it is essential to check and see if there is visa availability. Sometimes, there will be a wait time.

Individual applicants who live in the U.S. may have to wait just under eight months to as many as 46 months before a decision comes about and an adjustment of status happens. On the other hand, individuals living abroad may be able to get approved for a green card in as little as four to six months.

If you believe that the EB-5 visa is right for you and your family, the following describes the application process:

  1. File Form 1-526 or Form 1-526E
  2. When either Form 1-526 or Form 1-526E is approved, then you should file DS-260 for an EB-5 visa abroad for admission to the U.S. or Form 1-485 for an adjustment of status within the United States.
  3. File form I-829 to remove conditions on your permanent resident status within 90 days right before your second anniversary of either admission to the U.S. or adjustment of status in the U.S.
  4. When the I-829 petition is approved, then the United States Citizenship and Immigration Services (USCIS) will have conditions removed from lawful permanent resident status for you and your family/dependents.

Speak to an Immigration Attorney Today 

You and your family may be able to come to the United States through the EB-5 visa. For a consultation to discuss your needs and case, please call an Atlanta, GA, immigration lawyer, Shirazi Immigration Law Inc., today at 404-523-3611.



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