The processing times across the board have increased indeed. USCIS has a website where they publish their experience. The link is:
https://egov.uscis.gov/processing-times/home
If the country of birth of the investor is not marked as retrogressed, they would be able to apply for the conditional green card through:
a) Adjustment of status if they are in the United States or†
b) Consular processing if they are overseas.†
Adjustment of status depends on which service center they choose. The same website contains a complete list of them. If they are overseas and apply for the conditional green card through consular processing, this process should take less time under normal conditions. Finally, once they get their conditional green card and fulfill the mandatory 2-year sustainment period, they would be eligible to apply for removing them from their green card. This step is called I-829 filing. We expect that the actual processing times are generally better than the posted official times, but there no guarantees.
At this point, clients should realistically expect 36 months for the I-526 stage. Whether they are applying in the United States or overseas, they should budget another nine months for the green card process. So, within approximately four years, assuming no visa retrogression issues to deal with, they could get their green card. To apply for the removal of conditions, they need to wait for another two years, commonly known as the sustainment period. Ninety days before the end of the sustainment period, the investor could file for the I-829. They could receive their capital back soon after provided that either the terms on the private placement memorandum allow, or the regional center is willing to pay back. So, the total time for them to get their EB-5 funds back would then be three years for the I-526, another one year for the conditional green card, and another two years for the sustainment period making the total six years. Assuming all the assumptions above work out at the end of these six years, they could get their capital back.
As for I-829 approval, for the removal of conditions from the green card, USCIS is showing 35 to 60 months. So, the best-case scenario for this phase would be another three years, making the total number of years to receive a permanent green card nine years.
Hopefully, in the coming months, we will see these processing times coming in.
