Nộp đơn yêu cầu xử lý khẩn cấp cho đơn xin thị thực EB-5

Unlike other immigration methods, the EB-5 does not have a “pay-to-expedite” (i.e. premium processing) option to speed along an investor’s application. However, there are two types of expedite applications that can be filed in EB-5:

Project expedite – When a project demonstrates meeting USCIS criteria for an expedite, entire projects can be expedited and all immigration applications that have already been filed by that project’s investors can be processed once the expedited application is approved. However investors must keep in mind that a project that receives expedite approval only allows expedite for the investors who have previously submitted their petitions in that project. This courtesy is not guaranteed to future investors in that same project.

Individual application expedite – Individual applicants may also apply for an expedite request with USCIS. It is up to the agency to decide whether or not the individual investor’s needs qualify under their request criteria.

Project Expedite Criteria

USCIS is most likely to approve expedite requests for a project that qualify for at least one of the following criteria:

Advancement of U.S. national interests: This includes projects related to public safety, national security, or economic growth. For example, a manufacturing facility developing treatments for an ongoing pandemic or a real estate development in an area affected by a natural disaster may have an urgent need for financing to hire more workers. Nonprofit organizations, especially those created by government entities, may qualify depending on their project.

Prevent severe financial loss: A developer can claim sudden financial loss if other forms of funding (non-EB-5) for a project are nearing expiration (loans), threatened (contingent upon finding EB-5 funds), or becomes a burden through rising interest rates, an individual application may be expedited. Additionally, if a project contingent on EB-5 financing is “jeopardized” by the rate at which EB-5 petitions are being processed, a project/petition could be expedited.

USCIS had made a clear error: In rare cases, USCIS may erroneously delay or deny a petition and grant expedited status once the applicant resubmits.

Individual Expedite Criteria

Exceptionary scenarios sometimes require an investor to receive immigration benefits faster in order to prevent severe financial, familial, or personal harm. These scenarios usually involve some type of security or safety emergency, in which immigration benefits can offer a solution. In the case that an investor wishes to expedite their application, the following criteria are some of the exceptionary cases which justify expedited processing on immigration paperwork.

Sudden financial loss to the person or business: While this is rare for an EB-5 investor to qualify for, given their net worth, it may still be a possibility to pursue under special circumstances, pending discussion with your immigration attorney. For example, AIIA has coordinated efforts with an investor and their attorney to demonstrate how their business which employed several US citizens was impacted by the delays in their EB-5 petition.

Humanitarian or immediate security threats: Before applicants have been issued travel documents or conditional residency, expedite requests can be granted to individual applicants who demonstrate risk of persecution in their country of residence, such as asylum seekers or refugees. Disproportionate and immediate impact of global events, such as displacement or risk incurred by conflict, also qualify an investor to file for this expedite. Note: the U.S. has demonstrated its willingness to keep this program open to residents in countries of conflict or in conflict with the U.S., such as Russian, Syrian, and Iranian petitioners.

Humanitarian expedites also include medical emergencies requiring the applicant or their family to immigrate immediately to receive specialized medical treatment unavailable in their home countries. It also includes elderly petitioners who require care from medical practitioners or family living in the U.S.

National Interest situation: Individual applications pertaining to national security or serving the “national interest” of the U.S. government are eligible for expedited status. During the COVID-19 pandemic, many physicians who were working on the front lines were able to have their I-526/I-526Es expedited with attorneys who were skilled at putting these arguments together. Hear from AIIA member, Dr Ojha about his experience as an EB-5 investor during the Pandemic.

Error or compelling agency interest on behalf of USCIS: Cases which appeal to USCIS error or compelling interest are hard to argue by themselves. Oftentimes, stronger expedite requests couple USCIS errors with other reasons for appeal, such as financial loss.

Each of these requests requires ample evidence to demonstrate a strong case for expediting the application, including testimony from third parties in favor of the request, letters of support from local and federal representatives, and clear evidence that demonstrates immediate need. Additionally, strong evidence is crucial to an investor’s case for expedited status. If you are an AIIA member seeking to file an expedite petition, contact us for a referral to an attorney best suited to meet your immigration and expediency needs.