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Posts Tagged ‘EB5 Visa’
14th December 2010
Since recent economic developments have caused turmoil in the American economy, it is this blogger’s opinion that few are willing to look at the positive aspects of the United States economy. As a business platform the United States of America is still one of the best countries to host businesses conducting trade, providing services, or conducting manufacturing. To quote directly from another website, locationusa.com, which discusses issues surrounding the United States economy at length:
U.S. affiliates of foreign companies employ more than five million U.S. workers and support millions more indirectly. There is no question that investing in the United States brings with it many advantages. With a population of more than 300 million and the largest economy in the world, the United States is the most important market for any global company. The American work force ranks as one of the best educated, most productive, and most innovative in the world. As a place to do business, the United States offers a predictable and transparent legal system, outstanding infrastructure, and access to the world’s most lucrative consumer market.
Although it may seem counter-intuitive at first blush, legal immigration has a tremendous positive impact upon local economies. This is especially true where immigrants are investing in the United States economy or setting up a business in the USA. One of the primary ways in which immigrants can be beneficial to the USA is through foreign direct investment. Any money invested in the United States could be viewed as a net positive if one were looking at global competition for foreign direct investment as a “zero sum” game. Furthermore, investment in the USA creates jobs. As stated above, the United States labor market is one of the most sophisticated and efficient on the planet. This is one of the many reasons why foreign companies set up offices in the United States as American Citizens and Lawful Permanent Residents are some of the best educated and best equipped to handle complex and difficult tasks. Also, the infrastructure of the United States is ranked high compared to other nations around the globe. In short, the United States of America is an optimal location to engage in business activity aimed at attracting customers from both the USA, which has a very dynamic consumer market, and the world at large.
The EB-5 Immigrant Investor visa is a very useful travel document for those who wish to both invest and work in the United States. This visa is a highly sought after travel document since it provides the bearer with lawful permanent residence upon lawful admission to the USA at a Port of Entry. Those interested in obtaining an EB-5 Visa should conduct research and take note of the fact that Immigrant Investors wishing to enjoy an EB5 visa should be willing to invest a minimum of five hundred thousand (500,000) United States dollars. Those seeking to invest in an “un-targeted” EB-5 program should note that such an investment must generally be at least one million (1,000,000) US dollars.
Those who wish to invest in a small business in the United States may find the the US E-2 visa beneficial as this travel document may be used to travel to the USA to oversee an enterprise located stateside. It should be noted that the E-2 is a non-immigrant visa and therefore, those wishing to immigrate to the USA to reside may not be well served by an E-2 visa.
For related information please see: EB-5 Visa China or EB-5 Visa Thailand.
3rd December 2010
United States EB-5 Visas for Citizens of Sri Lanka
Posted by : admin
The EB-5 Visa has been a frequently discussed topic on this blog over the past few weeks. This may be mostly due to the fact that the United States dollar has been weakening compared to other currencies in Asia as a result of the United States Federal Reserve’s “quantitative easing” policy. In the case of Sri Lanka currency fluctuations are less severe against the US dollar when compared to other currencies in Southern Asia. Bearing this in mind, the EB-5 visa still remains an attractive travel document to many who dream of residing in the United States of America.
The EB5 visa was designed as an Immigrant Investor visa for those making a substantial investment in the USA. Those interested in the EB-5 visa should be aware that the minimum investment is 500,000 United States dollars for targeted programs. Meanwhile, so-called “un-targeted” programs require an investment of 1 million dollars. In any case, those thinking about making an investment in the United States in order to qualify for immigration benefits should consult with an American attorney in order to ascertain whether or not an investment qualifies for immigration benefits under the EB-5 program. Monetary investment is not the only requirement which must be met in order to receive immigration benefits as the prospective immigrant must still file an immigration petition as well as a visa application. Both the immigration petition and visa application require that the prospective immigrant adhere to the relevant provisions of the United States Immigration and Nationality Act. Therefore, merely having capital to invest in the USA is not necessarily sufficient to obtain EB-5 visa benefits.
There are some individuals who are under the mistaken impression that the United States has a Citizenship by Investment program. In point of fact, the United States of American does not routinely grant Citizenship to those who merely invest money in the USA. However, the EB-5 visa could be viewed as a “path to Citizenship by investment.” This is due to the fact that those who enter the USA on an EB-5 visa and receive Lawful Permanent Resident (LPR) status may later be eligible to apply for naturalization to United States Citizenship provided the statutorily prescribed physical presence requirement is met along with other criteria.
Some individuals opt to retain the services of an attorney to assist with the EB-5 visa process. This may be prudent as many laypeople are unaccustomed to dealing with the United States Immigration system which can sometimes prove to be both byzantine and complicated. Those seeking an attorney are well advised to check the credentials of anyone claiming expertise in US Immigration matters as only an attorney licensed to practice law in an American jurisdiction is entitled to provide advice, counsel, and representation before the United States Citizenship and Immigration Service (USCIS) and the Department of State.
For related information please see: EB-5 Visa Sri Lanka.
2nd December 2010
EB-5 Visas from Singapore
Posted by : admin
Those who read this blog regularly will likely be aware that the administration of this blog routinely posts about issues related to the Immigrant Investor Visa colloquially referred to as the EB5 Visa. Recently, this author discovered an interesting piece on the internet which was written about the United States dollar versus the Singapore Dollar. to quote directly from the TheMalaysianInsider.com:
the Singapore dollar is forecast to strengthen to 1.356 against the US dollar by the end of the year, a central bank survey showed…The currency forecast translates into an appreciation of 3.35 per cent from 1.403 to the US dollar at the end of 2009.
Under certain circumstances, a strengthening local currency can be problematic as exporters generally wish to see a strong US dollar when trading with the US. However, those wishing to invest money into an enterprise in the United States of America may find that a strengthened local currency is a benefit. In the case of the EB-5 visa this is certainly the case as those who hold assets in strong foreign currency may find that the real cost of investing in the USA is cheaper compared to costs in the past due to a comparatively weak American dollar.
The EB-5 visa program requires the prospective immigrant investor to make a substantial investment in the USA. Prospective Immigrant Investors should be prepared to invest a minimum of $500,000 into an eligible investment program in the USA. Should an immigrant investor make the required investment, adhere to relevent regulations, and meet other eligibility criteria, then an EB-5 visa may be issued. Once in the USA, the EB-5 visa holder may one day be eligible to apply for naturalization to United States Citizenship. United States Citizenship is a highly sought after benefit as there are many privileges and rights which attach to an individual who has become an American Citizen.
It should be noted that there are a limited number of EB-5 visas available each year. To quote directly from the Beacon, the official web log of the United States Citizenship and Immigration Service (USCIS):
The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by immigrant investors by creating a new commercial enterprise or investing in a troubled business. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.
In many ways, the EB-5 visa program is a “win-win” situation as the alien is granted Lawful Permanent Residence (Green Card status) and the United States economy receives the benefit of foreign investment as well as the addition of an enthusiastic immigrant who is eager to contribute to America’s economic future.
For more information please see: EB-5 Visa Singapore.
15th November 2010
As mentioned previously on this blog, the United States dollar is weakening relative to other currencies as other economies around the world strengthen. In a recent report from Reuters in India:
Foreign funds have so far in 2010 bought shares worth a record $28.3 billion, in addition to last year’s $17.5 billion. The rupee has gained 5 percent so far this year.
In terms of international trade, the announcement of a declining dollar could be viewed negatively. However, a comparatively weak United States dollar could turn out to be a boon for those Indian nationals interested in making a qualified investment in the USA while also accruing the benefit of United States Lawful Permanent Residence.
The EB-5 visa program was designed to provide a travel document and Lawful Permanent Residence to those who make an investment in the USA which meets the eligibility criteria set forth by American Immigration authorities such as the United States Citizenship and Immigration Service (USCIS), Department of Homeland Security, and the Department of State. Those interested in obtaining an EB-5 visa should note that the investment in the United States must be substantial and should exceed at least five hundred thousand United States dollars ($500,000), or one million dollars (1,000,000) if the investment is not a “targeted” investment. Lawful Permanent Resident (LPR) status means that the Indian national in said status has the right to reside and work in the United States permanently. LPR status is highly sought after by those in countries outside of the United States since the benefit is substantial, but immigration law may preclude many visa seekers from obtaining a travel document that confers Lawful Permanent Residence (also referred to as “Green Card” status).
Some individuals have posed the question: “Does the United States allow Citizenship by investment?” The simple answer is: no. However, the EB-5 visa could be viewed as a means of setting oneself on the “path to citizenship” by investment. This is due to the fact that an EB5 visa holder, who meets the legal criteria, may be able to apply for naturalization to US Citizenship after remaining in the United States for a statutorily prescribed period of time in lawful permanent resident status.
The American immigration process and the laws which support the United States Immigration system are complex and can be frustrating to those who are unaccustomed to American law and procedure. For this reason, some individuals and families opt to utilize an American attorney to assist with the process. That said, those interested in retaining professional assistance are well advised to check the credentials of those claiming expertise in American immigrations matters as only a licensed American attorney is entitled to provide advice and counsel in matters pertaining to United States Immigration law.
For related information please see: EB-5 Visa India.
11th November 2010
In recent weeks there has been a great deal of discussion in the international media about the United States Federal Reserve’s “quantitative easing” of the American monetary system. Many leaders in Asia are apprehensive that the United States’ policy will result in a relative appreciation of local currencies against the dollar which for export-based nations has been a critical component of economic stability. To quote a recent article on PBS.org:
President Obama landed in Seoul, South Korea today for the Group of 20 Summit, where he will meet with leaders of the world’s most powerful economies to address issues facing the global economy…The G20 Summit is in some ways reminiscent of South Korea’s hosting of the 1988 summer Olympics, seen as an arrival of sorts on the world stage, and the 2002 World Cup, which South Korea co-hosted.
Many feel that one of the most important issues to be discussed at the G20 summit will be the recent currency fluctuations resulting from the American announcement of quantitative easing which is likely to result in capital inflows to Asian economies such as Indonesia. To quote the Voice of America website:
Uwe Parpart is the chief Asia economist and strategist in Hong Kong for the U.S. securities dealer Cantor Fitzgerald…”There are serious concerns that when the U.S. floods the world with dollars that find their way into equities, into stocks in Asia, whether in Hong Kong, in Thailand or Indonesia, the effect of that on the local economies can be quite difficult to cope with,”
Although seemingly counter-intuitive to some, the inflow of so-called “hot money” into an economy can sometimes have a negative impact upon traditional import/export relationships and also create bubbles in an economy which could ultimately prove harmful. Inflows of capital can also be beneficial. In the case of Indonesia, one upside of relative appreciation of Indonesian currency compared to the United States dollar is the fact that investors hoping to benefit from the EB-5 immigrant investor program can obtain benefits at a comparatively lower overall cost in real terms since the dollar has weakened compared to other currencies. This is no less true in the case of Indonesia as a weakening dollar can cause an appreciation of the Indonesian Rupiah. In the event that this occurs, a prospective Indonesian Immigrant Investor wishing to both invest in the United States and also accrue the benefit of United States Lawful Permanent Residence (Green Card status) would be doubly fortunate when the dollar is weak as such an investment can be made more “cheaply” in terms of local currency.
Those Indonesian nationals interested in obtaining an EB-5 Visa should note that an investment of at least 500,000 United States dollars (at a minimum) must be made in order to be eligible for EB5 visa benefits. Furthermore, those seeking such a visa must also meet the eligibility requirements as set forth under relevant United States law. Those interested in immigrating to the USA as immigrant investors are well advised to contact a licensed American attorney in order to gain insight into the EB5 visa process and make informed decisions regarding immigration options.
Some are under the mistaken impression that the EB-5 visa program is a Citizenship-by-Investment program. In fact, this is not the case as an EB-5 visa merely grants the visa holder the right to reside in the United States as a Permanent Resident. That said, should an EB-5 investor, Indonesian or otherwise, remain in the USA for a statutorily prescribed period and meet other eligibility requirements, then such an individual may be eligible to naturalize to United States Citizenship. For this reason, some refer to the EB-5 program as a “path to citizenship” by investment.
For further information please see: EB-5 Visa Indonesia.
10th November 2010
สหรัฐอเมริกามีแผนที่จะให้สัญชาติแก่ผู้ลงทุนหรือไม่
Posted by : admin
เนื่องจากหัวข้อเรื่องวีซ่าการลงทุนอเมริกันได้เผยแพร่ในบล็อกนี้ ผู้เขียนจึงได้รับคำถามที่เกี่ยวกับทางปฏิบัติที่จะขอวีซ่าเพื่อการลงทุนในสหรัฐอเมริกา คำถามที่มีการถามมากที่สุดคือ การขอวีซ่า EB-5 “ฉันสามารถที่จะเป็นพลเมืองอเมริกันโดยการลงทุนในสหรัฐอเมริกาได้หรือไม่” คำตอบสำหรับคำถามนี้………………และต้องใช้ความเข้าใจในเชิงลึกเกี่ยวกับวีซ่าผู้ลงทุนถาวรประเภท EB-5 และขั้นตอนการขอวีซ่าดังกล่าว
หลายๆประเทศทั่วโลกมีแผนงานที่เปิดอกาสให้นักลงทุนสามารถที่จะได้รับสัญชาติทันทีที่ลงทุนในระบบเศรษฐกิจของประเทศนั้นโดยการออกเอกสารสัญชาติ ในสหรัฐอเมริกานั้นไม่มีแผนงานเช่นนั้น แต่อย่างไรก็ตาม วีซ่าประเภทEB-5 ให้สิทธิแก่ผู้ถือวีซ่าในการเป็นผู้มีถิ่นฐานถาวรในสหรัฐอเมริกาอย่างถูกต้องตามกฎหมาย อันเป็นสิทธิประโยชน์ที่สำคัญ และไม่ควรที่จะให้สิทธิแก่ผู้มีถิ่นฐานถาวรมากเกินไปหลังจากที่สถานะนี้อนุญาตให้ผู้มีถิ่นฐานถาวรอยู่อาศัยและทำงานในสหรัฐอเมริกา หลายๆคนกล่าวถึงผู้ที่มีถิ่นฐานถาวรประเภท “กรีนการ์ด” อาจกล่าวได้ว่า ผู้มีถิ่นฐานถาวรในสหรัฐอเมริกาไม่ใช่พลเมืองสัญชาติอเมริกัน ผู้ที่อยู่ในสถานะกรีนการ์ดไม่ได้รับสิทธิในการลงคะแนนเลือกตั้ง สมัครเข้าเป็นผู้ดำรงตำแหน่งทางการเมือง และไม่สามารถถือหนังสือเดินทางอเมริกัน แม้ว่าผู้ที่มีถิ่นฐานถาวรอย่างถูกต้องตามกฎหมาย (LPR) อาจจะได้รับการอนุญาตให้เข้าออกสหรัฐอเมริกาซึ่งอนุญาตให้บุคคลดังกล่าวออกจากสหรัฐอเมริกาเป็นเวลา 2 ปีโดยไม่ต้องมีข้อสันนิษฐานที่จะยกเลิกการเป็นผู้มีถิ่นฐานได้
แม้ว่าสหรัฐอเมริกาจะไม่มีแผนงานสำหรับ “การได้รับสัญชาติโดยการลงทุน” แต่วีซ่าประเภท EB-5นั้นเป็นขั้นตอนแรกของกระบวนการแปลงสัญชาติ ตัวอย่างเช่น ถ้าผู้ลงทุนถาวรได้รับวีซ่าประเถ้าผู้ลงทุนถาวรได้รับวีซ่าประเภท EB-5และเดินทางเข้ามายังสหรัฐอเมริกาหลังจากนั้นบุคคลดังกล่าวสามารถได้รับสิทธิที่จะเป็นผู้มีถิ่นฐานถาวรในการเข้าเมืองอย่างถูกต้องตามกฎหมาย หลังจากที่อาศัยอยู่ในสหรัฐอเมริกาตามระยะเวลาที่กำหนดไว้ในกฎหมายและเป็นไปตามข้อสันนิษฐานซึ่งเป็นสิ่งที่ผู้ถือวีซ่าประเภท EB-5ต้องจัดการเพื่อการแปลงสัญชาติ การแปลงสัญชาตินั้นเป็นกระบวนการที่ชาวต่างชาตินั้นเป็นพลเมืองสัญชาติอเมริกัน กระบวนการนี้ค่อนข้างที่จะมีความยุ่งยากและเป็นเรื่องที่ดูเหมือนจะซับซ้อนและสร้างความผิดหวังอยู่หลายๆครั้ง สำหรับผู้ที่ไม่คุ้นเคยกับการจัดการเรื่องการเข้าเมือง แต่ในทางทฤษฎีการอนุมัติคำขอในการแปลงสัญชาติของผู้ลงทุนถาวรประเภท EB-5สามารถที่จะเป็นพลเมืองสัญชาติอเมริกันได้
แม้ว่าสหรัฐอเมริกาไม่ได้มีข้อเสนอที่จะให้ “สัญชาติโดยการลงทุน” แต่สหรัฐอเมริกามีการให้ “วิธีการที่จะได้รับสัญชาติโดยการลงทุน” ในรูปแบบของวีซ่าประเภท EB-5ซึ่งเป็นทางที่ทำให้ผู้ถือวีซ่าประเภทดังกล่าวมีโอกาสที่จะได้รัยสัญชาติอเมริกันซึ่งจะต้องเป็นไปตามหลักเกณฑ์อื่นๆและจะต้องปรากฏตัวตนอยู่
To view this information in English, please see the previous post on this blog.
9th November 2010
Since the topic of American Investment visas was first broached on this blog, this author has received some questions regarding the way in which United States Investment Visas actually operate in the real world. One of the most frequently asked questions pertaining to EB-5 visas is: “Can I get US Citizenship by investing in the United States?” The answer to that question is somewhat nuanced and it requires one to have a rather in-depth understanding of the EB-5 Immigrant Investor visa and the process for obtaining this type of travel document.
There are some countries around the world which have programs whereby investors can obtain virtually instantaneous citizenship simply by investing capital into the economy of the country issuing the nationality documents. In the United States, there is no program that operates this way. However, the EB-5 visa does grant the visa holder lawful permanent residence in the USA. This is a substantial benefit and should not be taken for granted as Lawful Permanent Residence is a highly sought after status that allows the Permanent Resident to permanently reside and work in the United States. Many often refer to Lawful Permanent Residence as “Green Card” status. That said, Lawful Permanent Residence is not American Citizenship. Those in the USA in Green Card status are not permitted to vote in elections, run for political office, and such individuals also cannot obtain a US passport. Although, those in Lawful Permanent Resident (LPR) status may be eligible to obtain a US reentry permit which allows the bearer to leave the United States for as long as two years without raising the presumption of residential abandonment.
Although there is no “citizenship by investment” program in the USA, the EB-5 visa could be the first step in the United States Naturalization process. For example, if an immigrant investor is granted an EB-5 visa and enters the United States, then that individual would be granted permanent residence upon lawful admission. After residing in the United States for a statutorily prescribed period of time, and assuming all other criteria are met, it may be possible for an EB-5 visa holder to apply for naturalization. Naturalization is the process whereby a foreign national becomes a United States Citizen. The process can be somewhat cumbersome and for those unaccustomed to dealing with immigration matters it may seem complex and frustrating at times, but upon approval of a petition for naturalization an EB-5 Immigrant Investor could theoretically obtain United States Citizenship.
Even though the United States does not offer a direct “Citizenship by Investment” program, one could argue that the US offers a “Path to Citizenship” by Investment program in the form of the EB-5 visa which places holders of said visa on track to possible American Citizenship should all other criteria be adhered to and the physical presence requirement be met.
For related information please see: EB-5 Visa Thailand, EB-5 Visa China, or EB-5 Visa Taiwan.
7th November 2010
Although this blog rarely discusses economic issues. When economics has an impact upon legal issues or matters pertaining to United States Immigration, then discussion of economic matters may be warranted. In recent months, the United States dollar has depreciated against many of the currencies of Asia, but there has yet to be significant movement in the Chinese Yuan which does not really “float” on the market as other currencies. As a result, economic tensions have increased between the United States of America, the Peoples’ Republic of China, the Kingdom of Thailand, and other Asian nations. Meanwhile, some of the member states of the Association of South East Asian Nations (ASEAN) have seen their currencies rise significantly against the dollar. In a recent editorial posted on ThaiVisa.com, this issue was discussed in detail:
In any event, the dollar can only go south. The greenback slid to its lowest level in almost five months versus the euro. Gold, which represents a hedge against inflationary expectation, has also climbed to a record high on market anticipation that the Fed will flood the financial system with further liquidity to prop up the US economy.
This monetary easing will result in further weakening of the dollar. And as the US government continues to run a massive deficit, the Fed will be obliged to come to the rescue by purchasing the Treasuries that finance the deficit, which is not likely to come down in the foreseeable future due to economic weakness, falling tax revenue and spending obligations that have dramatically increased.
With the US weakness, a sovereign debt crisis in Europe and deflation in Japan, how will Thailand cope with the policy challenge? The first thing that comes to mind is that the baht will continue its upward trend. This is inevitable. The baht could go back to the pre-1997 crisis level of Bt25 to the dollar…
For those unaware, the United States Federal Reserve Bank recently announced that $600 billion in liquidity would be injected into the United States economy over the course of the coming months. As can be gathered from the above quotation, this “quantitative easing” policy is resulting in a depreciation of the dollar compared to Asian currencies (and other global currencies, but the focus of this post will remain on Asia, specifically Thailand). In an article written in The Nation Newspaper and distributed by ThaiVisa.com this issue was discussed in further detail:
When massive capital outflows from the US head towards Asia, much of it is unable to enter China so it floods other emerging markets, especially Asean countries, Korn [Chatikavanij, Finance Minister of the Kingdom of Thailand] said.
“We would like the two economic giants to settle their differences on the exchange-rate issue. I think they understand our predicament,” said Korn…
On the one hand, the US dollar has continued to depreciate, while on the other, China has not allowed the yuan to appreciate. Given the latest US announcement of quantitative easing aimed at stimulating the domestic US economy, several Asian currencies have significantly appreciated against the US dollar, raising concerns about the region’s export competitiveness…
The twin economic giants of China and America have yet to fully reach equilibrium in matters related to currency and trade, but an immediate issue for many Thai Nationals is the relative appreciation of the Thai Baht. There are many who feel that a strong Baht is not in their interests and depending upon circumstances they may be correct. However, the recent currency fluctuations could prove to be a benefit to those Thai nationals interested in seeking American Immigrant Investor visa benefits.
The United States EB-5 visa (Immigrant Investor category) was designed to provide a travel document and lawful permanent residence to otherwise qualified foreign nationals who wish to make a substantial investment in legally eligible investment programs the United States of America. As the Thai baht has appreciated against the United States dollar it has become relatively “cheaper’ (in Baht terms) to meet some of the investment criteria in the United States. Therefore, as the dollar becomes weaker versus the Thai Baht it becomes less expensive, from a Baht standpoint, to invest in the USA. For those wishing to immigrate to the USA, the current Baht/Dollar exchange rate is something of a windfall.
This could be a boon to the United States economy as well since investment in the United States leads to the creation of new jobs. Furthermore, lawful immigration is one of the central components that drives the American economy. As more Thai nationals invest in the United States economy, the stronger that economy becomes thereby naturally fueling a recover in the overall American economy. As the American economy continues to recover, there may be ancillary benefits that accrue to individuals and businesses in the USA and around the globe. Hopefully this scenario will play out over the coming months and help to spur a recovery in the United States economy.
For related information please see: EB-5 Visa Thailand or US Visa Thailand.
29th October 2010
In recent postings on this blog, the administration has noted that the United States Citizenship and Immigration Service (USCIS) is poised to raise some of the costs and fees associated with American Immigration. To quote directly from the official website of USCIS:
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) reminds customers that its new fee schedule goes into effect Nov. 23, 2010. Applications or petitions postmarked or otherwise filed on or after this date must include the new fee, or they will be rejected.
USCIS published the new fee schedule in the Federal Register on Sept. 24, following a comprehensive review of public comments received after publication of the proposed rule this summer.
The new fee schedule increases application and petition fees by an average of about 10 percent but does not increase the naturalization application fee.
Although no one likes to see fee increases, there are some who argue that an increase in processing fees is a necessary consequence of both inflation and the rising cost of the services sought. It should be noted that USCIS recently posted a shortfall and the recent fee increase would seem to be one response to this issue.
The new policy will also usher in new fees that have not previously existed. As they did not exist before it is not really correct to call the new fees “increases,” but as they result in new overall costs, the term increase could be used since the fee was technically increased from nothing to the new fee. To quote from another page of USCIS’s website:
The final fee rule establishes three new fees, including a fee for regional center designations under the Immigrant Investor (EB-5) Pilot Program, a fee for individuals seeking civil surgeon designation, and a fee to recover USCIS costs to process immigrant visas granted by the Department of State. Additionally, the final rule reduces and eliminates several fees, including some for servicemembers and certain veterans of the U.S. armed forces who are seeking citizenship-related benefits. The final rule also expands the availability of fee waivers to additional categories.
It is interesting to note that one of the newly instituted fees involves the EB-5 visa (also referred to as an investor visa). There are those who posit that the EB-5 visa might become increasingly popular in the upcoming months as the American dollar remains somewhat low compared to other currencies. Therefore, some foreign nationals could invest in EB-5 programs at comparatively cheaper rates due to the current exchange rate with the dollar. This is a net benefit to the United States as influxes of foreign capital would likely prove beneficial in a monetary sense while the infusion of foreign investors with a stake in the American economy could prove to be a catalyst for future innovation, economic activity, and overall growth.
As noted in a previous posting, the USCIS fee associated with the K-1 visa is expected to decrease when the final rule in promulgated. Although, Department of State fees associated with the K1 visa interview have recently been increased.
For related information please see: EB-5 Visa Thailand or K1 Visa Thailand.
18th October 2010
US Visa Process: USCIS Service Center Estimated Processing Times
Posted by : admin
Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | June 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | June 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | June 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | February 8, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | September 1, 2006 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | April 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | April 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | April 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | April 16, 2010 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | October 2, 2005 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | February 16, 2005 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 10, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 10, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | July 16, 2010 |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 28, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | March 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | March 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | April 18, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | April 25, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | October 1, 2008 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | June 16, 2008 |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | December 1, 2009 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | March 27, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | March 2, 2010 |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | June 5, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | June 5, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | May 22, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | May 1, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | May 22, 2010 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.
For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.
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