Government Data Reveals Reality for EB-5 Rural Project Processing Times
The EB-5 visa program promises investors a path to U.S. residency, with many EB-5 rural project promoters claiming faster green card approvals due to “priority processing” and “reserved visas.” However, the latest data reveals a different story. Only 125 EB-5 rural project investors, or 4.98%, have received green cards since 2022. Despite aggressive marketing, the reality of rural processing timelines is far from what’s being advertised.
Understanding the EB-5 Process: I-526E Petitions vs. I-485 Applications
To fully grasp the situation, it’s important to understand the difference between the I-526E and I-485 products in the EB-5 process:
- I-526E Petition: This is the initial step for investors in the EB-5 program. It is filed to demonstrate that the investor has met all the program’s requirements, including making the required investment in a qualifying U.S. commercial enterprise and creating or planning to create at least ten full-time jobs. An approved I-526E petition does not grant a green card; rather, it allows the investor to move forward in the process.
- I-485 Application (Adjustment of Status): This is the benefit request that ultimately leads to the issuance of a green card for investors who are already residing in the U.S. on a different visa. Once the I-526E is approved, the investor files an I-485 to adjust their status to that of a permanent resident. Therefore, while an I-526E approval is a critical step, it’s the approval of the I-485 that actually grants the investor family their green cards.
The Reality Behind I-485 Adjustment of Status Approvals
Our analysis of I-485 approvals from FY 2022 to FY 2024 shows that only 125 families were given visas with rural regional center set-aside categories. To put this into perspective:
- The total number of I-526E filings for rural projects is 2,510.
- Out of these, only 125 investor families have received green cards, accounting for just 4.98% of all rural filings.
The breakdown of I-485 approvals reveals:
- 83 approvals were for Chinese applicants.
- 29 approvals were for Indian applicants.
- The remaining approvals were spread across a few other countries like Colombia, Hong Kong, and Peru.
| I-485 Applications | Total I-526E Filings | I-485 Approvals | Percentage |
|---|---|---|---|
| Total Rural Filings | 2,510 | 125 | 4.98% |
| China | 83 | – | |
| India | 29 | – | |
| Other Countries (e.g., Colombia) | 13 | – |
I-526E Petition Backlog: What’s Really Happening
The data on I-526E filings tells an even more concerning story for Rural Project Promoters:
- From FY 2022 to FY 2024, there were 616 total Rural I-526E approvals.
Per country allocation:
- 616 approvals were granted, with the majority coming from Chinese investors (403 approvals), followed by Indian investors (124 approvals) and applicants from other regions (89 approvals).
Despite these approvals, the backlog is significant:
- There are 1,863 pending rural petitions, with:
- 1,244 cases from Chinese applicants,
- 315 from Indian applicants, and
- 304 from applicants from other countries
What Does This Mean for EB-5 Investors?
The marketing around rural projects often paints a rosy picture of quick approvals and guaranteed green cards. However, our FOIA data shows a much slower reality. Only 4.98% of rural investors have achieved what they were promised. The remainder are either pending or facing challenges that aren’t advertised.
At Behring, we believe that half-truths in marketing are just as misleading as outright falsehoods. It’s crucial for investors to see beyond the marketing and examine the actual numbers. Promoters may sell the dream of fast rural green cards, but the reality is that the processing times and success rates simply don’t align with those claims.
Why Investors Need to Do Their Homework
Our analysis shows that while USCIS was a record year for visa allocation, very few were given to the lower-priority Rural EB-5 reserved category. Investors should be cautious when promoters claim expedited processing of I-526E petitions without presenting the full picture, that backlogged visa allocation is the priority of the service. This is the data.
If you want to make an informed decision, it’s critical to arm yourself with the clear picture of both policy and data. Behring’s team includes award-winning developers, immigration attorneys, and even a former USCIS adjudicator. We provide investors with the facts they need to understand:
- The realistic timelines for EB-5 approvals
- How to secure the ability to live and work in the U.S. more quickly
- Strategies to ensure that your investment funds can be returned faster, even if green card processing takes longer
Make the Right Decision with Behring
If you’re considering an EB-5 investment, schedule a consultation with us to ensure your choice is backed by real data and expert guidance, not marketing half-truths. Our team is here to help you navigate the complexities of EB-5, understand your options, and find the best path for you and your family.
At Behring, we are committed to bringing you the best EB-5 content and the most accurate, hard-to-find data. Stay tuned for more insights as we continue our analysis.
EB-5 investors should be wary of claims that don’t match up with the numbers. Make sure you do your homework and get the full picture before making an investment. Reach out to us if you need guidance on navigating the EB-5 process with clarity and transparency.