How do I file an appeal vs. a motion to reopen?

Q: What is the EB-5 immigrant investor program?

The EB-5 immigrant investor program is a United States immigration visa category established by the Immigration Act of 1990 that allows foreign nationals to obtain lawful permanent residence (a green card) by investing capital in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. The program was designed to stimulate economic growth and job creation through foreign investment. Under the EB-5 Reform and Integrity Act of 2022, the program now features three investment categories: unreserved (standard), rural, and high unemployment area (HUA) projects, each with different minimum investment amounts and reserved visa allocations. Investors can participate through USCIS-designated regional centers, which allow credit for indirect job creation, or through direct investment. The program requires investors to demonstrate that their capital comes from lawful sources, and the investment must remain at risk throughout the process. Approximately 10,000 EB-5 visas are available annually.

Q: What is the minimum investment amount required for EB-5?

The minimum EB-5 investment amount is $1,050,000 for projects in unreserved (non-TEA) areas. For projects located in a Targeted Employment Area (TEA), which includes rural areas and high unemployment areas (HUA), the minimum investment is $800,000, providing a significant incentive for investment in economically underserved communities. These investment thresholds were established by the EB-5 Reform and Integrity Act of 2022 and are subject to adjustment every five years based on the Consumer Price Index for All Urban Consumers (CPI-U), with the next adjustment projected for January 1, 2027. The investment must be placed at risk in a new commercial enterprise, meaning there can be no guarantee of return on the invested capital. In addition to the capital investment itself, investors should budget for legal fees, administrative fees charged by regional centers, and immigration filing costs, which can add $50,000 to $100,000 or more to the total cost of the EB-5 process. Following the November 2025 federal court ruling that reverted EB-5 fees to pre-April 2024 levels, USCIS filing fees total approximately $5,615 across the full process.

Q: How long does the EB-5 process take?

The typical EB-5 process takes between 2 to 5 years from initial I-526E petition filing to unconditional green card approval, though timelines vary significantly based on investment category, country of origin, and visa bulletin availability. The first major milestone is I-526E adjudication by USCIS, which currently takes 18 to 28 months depending on whether the project is in a rural, high unemployment area, or unreserved category. Rural projects generally experience the fastest processing. After I-526E approval, investors must wait for their priority date to become current in the monthly visa bulletin,this wait can range from immediate availability for most countries to several years for applicants from India and China due to per-country visa limits. The final stage involves either adjustment of status (I-485) within the United States or consular processing abroad, followed by a two-year conditional residence period before filing the I-829 petition to remove conditions on permanent residence.

Q: What is a priority date in EB-5?

Your EB-5 priority date is the date USCIS receives your I-526E immigrant investor petition. This date establishes your place in the visa allocation queue and determines when you can proceed to the next stage of the immigration process,either adjustment of status (I-485) within the United States or consular processing at a U.S. embassy abroad. You can only advance when your priority date is earlier than the cutoff date published in the monthly State Department Visa Bulletin for your chargeability area (typically your country of birth) and EB-5 category. For investors from most countries, priority dates are currently current, meaning visas are immediately available. However, investors from India and China face significant backlogs where priority dates may be several years behind, requiring extended waits for visa availability. The visa bulletin publishes two relevant dates each month: the Final Action Date and the Date for Filing, each serving different purposes in the application process.

Q: What is a Targeted Employment Area (TEA)?

A Targeted Employment Area (TEA) is a geographic designation under the EB-5 program that qualifies investment projects for the reduced minimum investment amount of $800,000 instead of the standard $1,050,000 for non-TEA projects. TEAs encompass two categories: rural areas, defined as locations outside any metropolitan statistical area (MSA) or outside the outer boundary of any city or town with a population of 20,000 or more; and high unemployment areas (HUA), where the weighted average unemployment rate is at least 150% of the national average. Under the EB-5 Reform and Integrity Act of 2022, TEA designations serve an additional critical function: rural and HUA projects each receive dedicated reserved visa allocations (20% for rural, 10% for HUA), which means investors in these categories face shorter visa bulletin wait times and generally faster overall processing. TEA designations must be verified at the time of I-526E filing, and USCIS determines qualification using standardized federal data from the Bureau of Labor Statistics and the U.S. Census Bureau.

Q: How long does I-526E adjudication take?

Current I-526E processing times published by USCIS range from approximately 18 to 28 months, with significant variation based on the project category and individual case complexity. Rural EB-5 projects generally experience the fastest adjudication times, often completing in 18 to 22 months, benefiting from both Congressional prioritization mandates and dedicated USCIS processing resources. High unemployment area (HUA) projects typically fall in the middle range, while unreserved category petitions tend toward the longer end of the processing spectrum. These timeframes can be extended if USCIS issues a Request for Evidence (RFE), which adds 84 days for the response period plus additional review time. Processing times are published monthly by USCIS and represent the time from petition receipt to initial decision. EB5 Status tracks these processing times on our dedicated dashboard, providing historical trends and category-specific breakdowns sourced directly from official USCIS data to help investors set realistic timeline expectations.

Q: Can I include my spouse and children in my EB-5 application?

Yes, your spouse and unmarried children under 21 years of age can be included as derivative beneficiaries on your EB-5 petition at no additional investment cost,the single qualifying investment covers the entire family. Each derivative beneficiary receives their own conditional green card upon approval, granting them the same lawful permanent residence status as the principal investor. Derivative beneficiaries can file their own I-485 adjustment of status applications concurrently with the principal applicant, or process their visas through a U.S. consulate. An important consideration for families is the Child Status Protection Act (CSPA), which provides certain protections against children aging out (turning 21) during the often lengthy EB-5 process. However, CSPA protections have specific calculation methods and limitations, so families with children approaching age 21 should consult an immigration attorney to understand their options. Each family member must also pass individual admissibility requirements and background checks.

Q: What is Adjustment of Status (AOS) for EB-5?

Adjustment of Status (AOS) refers to the process of filing Form I-485 with USCIS to apply for lawful permanent residence from within the United States, without needing to travel to a U.S. consulate abroad. After your I-526E petition is approved and your priority date becomes current in the visa bulletin, you can file I-485 along with applications for employment authorization (Form I-765, known as an EAD) and advance parole travel documents (Form I-131). These ancillary benefits allow you to work legally and travel internationally while your green card application is pending, which typically takes 8 to 18 months to adjudicate. A significant advantage of AOS is that it keeps you physically present in the United States throughout the process. Applicants must attend a biometrics appointment for fingerprinting and may be called for an in-person interview at their local USCIS field office. The alternative pathway for investors outside the U.S. is consular processing at a U.S. embassy.

Q: Why is India the most backlogged EB-5 country?

India faces the most significant EB-5 visa backlogs due to statutory per-country limits that restrict any single country to approximately 7% of all employment-based immigrant visas issued annually. With consistently high demand from Indian investors,India is among the top three source countries for EB-5 petitions,this cap creates a substantial queue where demand far exceeds available visa numbers. As a result, Indian EB-5 applicants in the unreserved category face estimated wait times of several years beyond their priority date before a visa number becomes available. However, the EB-5 Reform and Integrity Act of 2022 created an important exception: reserved visa categories for rural and high unemployment area projects have separate allocations that are not subject to the same level of per-country backlog pressure. This means Indian investors who choose rural or HUA-designated projects may experience significantly shorter waits compared to unreserved investments. EB5 Status tracks India-specific visa bulletin movements on our dedicated India country page.

Q: Where does EB5 Status get its data?

EB5 Status sources all data from official U.S. government publications, maintaining a strict trust architecture that prioritizes primary government sources over industry estimates or third-party reports. Our primary data sources include: the U.S. Department of State Visa Bulletin, published monthly with EB-5 priority date cutoffs for all chargeability areas and categories; USCIS Freedom of Information Act (FOIA) releases, which provide quarterly EB-5 petition filing volumes, approval rates, denial rates, and pending case counts by form type and category; the USCIS Processing Times tool, updated monthly with official adjudication timeframes for I-526E, I-829, and I-485 petitions; and the Federal Register for regulatory changes affecting the program. Every data point on the site carries a trust tier indicator showing whether it comes from official government sources (Blue), is derived through disclosed methodology (Gray), was obtained via FOIA request (Green), or represents editorial analysis (Orange). Our complete methodology is published and available for public review.

EB5Status

How do I file an appeal vs. a motion to reopen?

If an I-526E petition is denied, the investor has three options: appeal to the Administrative Appeals Office (AAO), file a motion to reopen, or file a motion to reconsider with the original adjudicating office.

An appeal (Form I-290B) sends the case to the AAO, a separate USCIS body that reviews the decision de novo. The filing fee is $800 (as of FY2025), and the AAO timeline is typically 6 to 18 months. Appeals are appropriate when the denial involved a legal error or misapplication of policy.

A motion to reopen (also Form I-290B) stays with the original office and requests reconsideration based on new facts or evidence not previously available. A motion to reconsider requests review based on an alleged incorrect application of law or policy to the existing record. Motions are generally faster than appeals but are decided by the same office that issued the denial.

The 30-day filing deadline for I-290B is strict and cannot be extended.

Derived|8 CFR § 103.3; 8 CFR § 103.5; USCIS Policy Manual Vol. 1, Part E

How do I file an appeal vs. a motion to reopen?

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