USCIS Premium Processing and its continued exclusion of EB-5 investor petitions
-- Global Immigration Partners Clarifies USCIS Premium Processing Rules: EB-5 Investors Still Waiting for Inclusion
Global Immigration Partners, a leading U.S. immigration law firm, today released an update clarifying the current scope of USCIS Premium Processing and its continued exclusion of EB-5 investor petitions (Form I-526).
While Premium Processing has been expanded to include more employment-based visa categories, the EB-5 program remains ineligible, leaving investors subject to standard adjudication timelines that often extend well beyond a year.
Premium Processing: A Valuable Tool for Some, Not Yet for EB-5
Premium Processing, filed via Form I-907, allows eligible petitioners to pay an additional fee—currently $2,805 for most Form I-129 and I-140 petitions—in exchange for guaranteed action within a specific timeframe.
The service currently covers the following categories:
- Form I-129 – Petitions for nonimmigrant workers (e.g., H-1B, L-1, O-1)
- Form I-140 – Employment-based immigrant petitions (EB-1, EB-2, EB-3)
- Form I-765 / I-539 – Limited to certain student and exchange visitor classifications (F-, M-, and J-status)
Processing times range from 15 to 45 calendar days, depending on the form type. If USCIS does not act within the guaranteed window, the premium fee is refunded, though expedited review continues.
However, the EB-5 Immigrant Investor Petition (Form I-526) has not yet been added to this list. Although the agency has indicated that EB-5 Premium Processing could be introduced in the future, no official timeline has been announced.
What This Means for EB-5 Investors
Without Premium Processing, EB-5 investors must rely on standard processing times, which can vary greatly depending on service center workload and the investor’s country of chargeability. For many, this means waiting 12 months or longer for initial adjudication.
“There’s growing demand from investors for faster adjudication, but until Premium Processing is extended to EB-5 petitions, planning and precision remain key,” said Alexander Jovy, Co-Managing Partner at Global Immigration Partners. “Our focus is to help clients file the strongest possible applications—avoiding delays and ensuring readiness for every stage of the process.”
Additional Insight from Co-Managing Partner Alexander Jovy
“The EB-5 program continues to be a cornerstone of U.S. investment immigration, but processing delays remain a major concern for global investors,” said Alexander Jovy, Co-Managing Partner at Global Immigration Partners. “We believe that eventually, Premium Processing will be expanded to include EB-5, reflecting the program’s importance to the U.S. economy. In the meantime, our team remains proactive in monitoring policy developments and guiding clients through every step of their EB-5 journey.”
Looking Ahead
Global Immigration Partners expects that USCIS may expand Premium Processing to additional categories as part of its modernization efforts, but emphasizes that EB-5 applicants should continue to plan for current standard timelines. The firm’s attorneys continue to monitor all regulatory updates and provide real-time guidance to investors and project developers worldwide.
About Global Immigration Partners
Global Immigration Partners, headquartered in Washington, D.C., is a premier U.S. immigration law firm specializing in investor, business, and employment-based immigration programs. The firm provides strategic, results-driven legal counsel to individuals, families, and corporations pursuing U.S. immigration through investment and employment channels.
For more information, visit https://globalimmigration.com
or contact info@globalimmigration.com
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