EB-5 FAQ

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How long does it take to get a greencard with EB-5?

The EB-5 process consists of 3 stages:

Stage 1 (I-526): Currently, USCIS takes 12-24 months* on average to process the I-526 petition.

Stage 2 (I-485/Consular Processing): After the I-526 petition is approved, you may apply for consular processing (if outside the US) or adjustment of status (if already in the US). Normally, this process takes approximately 6 months, but in extraordinary circumstances, such as the COVID-19 pandemic, 12 months is the average time. Once approved, you will receive your 2-year conditional green card.

Typically, you can receive your conditional green card in 2 years on average.

Important Notes:

  • If you are already in the US, you may also apply for the Employment Authorization Document (EAD) and Advance Parole (AP) when you file the I-485 application to adjust status. Often, EAD/AP will be approved faster, and you may freely work and travel while you wait for your conditional green card.

 

  • If you are subject to retrogression (visa backlog), you may face substantially longer wait times for consular processing or adjustment of status. See What is retrogression?

 

Stage 3 (I-829): After you have completed your 2-year conditional residency period, you may file the I-829 petition for removal of conditions. The I-829 petition must be filed between months 21 and 24 of this 2-year period. Current average processing times for the I-829 petition is 36 months.

When you file the I-829 petition and have been invested for a minimum of 5 years, you may be eligible to request repayment of your EB-5 investment funds.