With an air of uncertainty around the EB-5 program, many potential investors are looking to move quickly.
Chinese and Indian investors are looking to file before potential retrogression for the set-aside categories could hit later this year. Other investors are concerned about possible changes to the program after recent comments by President Donald Trump.
Filing an I-526 petition prior to retrogression or any potential changes to the program could be very beneficial for those investors that are able to beat the clock. Here are three tips to help a potential investor expedite their EB-5 journey:
Consider Partial Funding
Partial funding allows an EB-5 investor to file their I-526E petition without having completed the full investment of $800,000. Sometimes a partial investor may make an initial investment of just $200,000. The investor typically then has six months to fund the remaining amount to ensure the full $800,000 is funded prior to USCIS adjudication.
Partial funding is particularly useful for investors who may need some time to liquidate an asset or assets to complete the funding of their Eb-5 investment. For example, it can take months to complete the sale of real estate, or an investor may need time for stocks to fully vest.
By utilizing a partial funding strategy, many EB-5 investors can establish their spot in line months in advance of when they would be able to if they waited until their investment was fully funded. It should be noted that partial funding is not intended to be used by investors who are not sure where the remainder of their funds will come from.
Do Not Wait on Your Medical Exam
Those investors who ae already in the United States on a different status such as H-1B or F-1 may take advantage of concurrently filing and file an I-485 (Adjustment o Status) when they file their I-526E petition. However, along with the I-485 the investor must also submit an I-693 (Report of Medical Examination and Vaccination Record).
An investor must undergo a medical examination performed by a civil surgeon authorized by USCIS. This examination typically includes:
- Physical exam: A general physical check-up to assess your health status.
- Vaccination review: The civil surgeon will verify whether you have received all the required vaccinations according to U.S. immigration law.
- Tests for communicable diseases: The civil surgeon will test for certain communicable diseases such as tuberculosis (TB), syphilis, and others. If you have a communicable disease, it could affect your eligibility.
- Mental health screening: They may also assess any mental health conditions that could impact your eligibility for a green card.
While this process is relatively straight forward, it can take some time. Investors who know they want to file an I-526E and I-485 in the coming months should consider knocking out the medical examination as soon as possible to avoid delay filing their I-526E and I-485. The I-693 is valid for two years so there is no drawback to getting it done as early as possible.
Have a Plan of Attack
Selecting an EB-5 project can be an overwhelming and timely process. Since the passage of the EB-5 Reform and Integrity Act of 2022 (RIA), the quality of projects on the market is as high as it has ever been.
However, investors that want to beat the clock do not have the luxury of taking months and months to sift through dozens and dozens of EB-5 projects. Investors that want to move quickly should consider having a list of questions ready to present to regional centers to expedite the process.
They should consider providing another set of questions after reviewing promotional and other materials. Some investors fall into the trap of asking one or two questions at a time, which can drag out the process. No investor should rush into their decision, but having an efficient process to evaluate projects can help an investor stay on schedule if filing quickly is their goal.
The above article is intended for informational purposes only and is not based upon any specific set of facts. Anyone with specific questions or issues concerning EB-5 should consult an immigration attorney.
