Navigating Post-Approval Steps for EB-5 Visa Applicants: A Brief Guide

Following the approval of Form I-526E for EB-5 investors, particularly those investing in rural areas, there are specific steps and considerations outlined as of April 2, 2024. The EB-5 Reform and Integrity Act of 2022 introduced new visa categories and processing priorities, especially for projects in rural and high unemployment areas. Here’s what investors need to know after their Form I-526E approval:

Rapid Approvals and Next Actions: Rural investment approvals have been notably swift, often within three to four months. Once approved, non-U.S. residents see their forms forwarded to the National Visa Center (NVC) for consular processing, which could extend from four to six months. U.S. residents may have their adjustment of status applications processed if eligible under the approved visa categories, typically without the need for an interview unless there are specific concerns.

Choosing Visa Categories: Approved applicants with options for both reserved and unreserved visa categories must inform the NVC of their choice. This decision is crucial for the application process and impacts visa demand assessments.

Opting Between Categories: The process for changing one’s visa category preference after initial selection remains somewhat unclear, particularly in light of potential backlogs.

Adjustment of Status Concerns: The procedure for adjustment applicants to select between reserved and unreserved visa categories is still being defined, creating some uncertainty regarding the allocation of visa numbers.

This condensed overview highlights the essential post-approval steps for EB-5 visa applicants, aiming to clarify the process and ensure applicants understand their responsibilities and options moving forward.

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.