The main reason for the delay in processing EB-5 petitions is a recent event that caused an escalation in wait times. An unforeseen event can delay the process by a considerable amount. The reason for the extended wait time may be several different things, including the delay in processing the EB-5 petition, delays in the issuance of the green card itself, or other problems that the government has not resolved. However, by hiring a professional EB 5 visa attorney, you can overcome these issues.
USCIS is facing a backlog of applications:
First, the USCIS is facing a backlog of applications. Many countries are experiencing backlogs. This is especially true for some countries. The U.S. allows only current countries to apply for a green card and permanent residence. These countries are expected to be backlogged until November 2020. However, these backlogs may not be so severe that they will cause a permanent residency delay.
USCIS is considering the IPO’s decision on EB-5 petitions:
Second, the USCIS is considering the IPO’s decision on EB-5 petitions. While the IPO adjudicates the petitions, a small percentage of these petitions will still face delays. Furthermore, several factors are affecting the processing time. While USCIS does not consider all cases equally, it is a good idea to consult an immigration attorney for legal advice before filing an EB-5 petition.
USCIS doesn’t have a statutory deadline to process an EB-5 petition:
Third, USCIS does not have a statutory deadline to process an EB-5 petition. Congress has determined that immigration benefit applications should be processed within 180 days. However, courts have held that a reasonable time frame for agency action is months, not years. The delays are typically two to three years on average per case, but it is important to note that delays are not unreasonable once USCIS determines that they are legitimate reasons for the delay.
Applicant’s country of origin affects the timeline:
Another reason for the delayed processing of EB-5 petitions is that the applicant’s country of origin affects the timeline. A high number of applicants from one country can cause the USCIS to push back the final action date. The earliest date for processing the petition is also dependent on the investor’s country of origin. Those seeking an EB-5 visa may be rejected if their criminal convictions are discovered.
