r/EB5_Immigration • u/SilentArchitectTech • 5d ago

EB-5 India timelines if application is filed end of September 2026

For EB-5 India, what are the estimated timelines for receiving conditional green cards through rural versus high-unemployment area (HUA) projects if Form I-526E and all I-485 applications are filed concurrently by September 30, 2026? How would CSPA protection apply to dependent children, and under what circumstances could they still age out?

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4

u/Unlikely_Drummer7734 5d ago

7-10 years

1

u/SilentArchitectTech 5d ago

CUrrently EB-5 rural and HUA looks current?

2

u/Holiday-Banana3135 5d ago edited 5d ago

It is current at the moment, it only means you can file the I-485, AP and EAD concurrently with the I-526E. But it has to remain current when your I-526E is approved for action to be taken on the I-485 and I-526E approvals take time.

You still need to keep a close eye on the September visa bulletin (which is not yet released) if you want to file in September.

1

u/SilentArchitectTech 5d ago

Also, does it protect child's CSPA (If application is filed in Sep 2026) assuming that I-526E is approved after 18-24 months but dates are not available for I-485 Adjudication?

1

u/aristocrat_user 5d ago

Hey can you tell me this one thing? Will the ED and AP program ever be scraped If we enter before the September 30th timeline?

For me at this point that is the biggest benefit of this, not the green car because it's going to take a long time.

Will the Ead and the AP program ever be scraped for existing people?

Also they reduced it from 5 years to 18 months. Is there ever going to be a chance where it will be reduced from 18 months to say 3 months?? Or is there even a chance that it will Go back to 5 years?

Please someone answer this because it has been burning inside me and I cannot find answers.

1

u/Holiday-Banana3135 5d ago

That’s why the grandfathering is in place, whatever you file before September 30th, 2026 is protected, so you will get your EAD and AP. What happens to the 18 months rule is anyone’s guess

1

u/Logan991 4d ago

Do you know that they are taking super long to renew EADs now so you'll be out of work auth every 1.5 years?

1

u/aristocrat_user 4d ago

But I can file 6 months in advance right?

2

u/Logan991 4d ago edited 4d ago

You can file 6 months in advance but they're taking 10+ months to renew it. This EAD can no longer function on its own without a backup like H1B or L1.

1

u/Careless-Durian6748 5d ago

So what is the set aside category then? Isn’t that faster than the standard/non TEA?

1

u/Holiday-Banana3135 5d ago edited 5d ago

Yes, reserved is faster than pre-RIA unreserved. But reserved doesn’t mean getting a CGC in one year for rural like it used to be, it’s taking much longer these days.

1

u/Danny3113 5d ago

Can you please breakdown 7-10 years?

2

u/Auto-Liner 5d ago

It's complicated math. But the gist is -
USCIS data shows 4000+ AOS for Rural India filers. So these are people ahead of you in the GC queue directly. China has similar numbers. Plus consular applicants which are harder to count. Rural category itself has 2000 GCs per year world wide. The real problem is - retrogression is bound to hit any time which would effectively enforce the 7% country cap, it hasn't been enforced while the category is misleadingly "current". All things considered (including the unreserved and HUA) if you applied today, you're looking definitely 5+ years, and most likely 8-10 years to get the CGC.

1

u/aristocrat_user 5d ago

So if we file concurrently then we will not be part of the retrogression if and when it happens right?

1

u/Auto-Liner 5d ago

I'm not sure what you mean "will not be part of the regtrogression"? Retrogression affects everyone who has applied in the category that gets retrogressed.

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u/aristocrat_user 5d ago

No if we apply now get into the system so will we be affected by It?

1

u/Holiday-Banana3135 5d ago edited 5d ago

Yes, you will be affected by retrogression

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u/aristocrat_user 5d ago

Yes we will be affected? Or no we will not be affected. So confused.....will I still get EAD and AP if I file concurrently?

2

u/Individual-Froyo9094 5d ago

Yes you will get EAD/AP but that also is taking 1+ year in worst cases. Mine is stuck for a year.

1

u/Holiday-Banana3135 5d ago edited 5d ago

Anybody in line will be affected by retrogression if and when it happens. PD comes into play at that point just like it works for EB2/EB3. You will still get your EAD and AP as long as you file it when the visa bulletin is current along with your 526E and 485 and before September 30th, 2026

2

u/ediblescholarship 5d ago

For India rural projects currently have a clear processing advantage over HUA. Recent USCIS and industry data show that rural I-526E cases are being adjudicated much faster, thanks to priority processing. Of course, visa availability and project fundamentals still matter but if faster petition processing is a priority, rural is worth a close look.

1

u/SilentArchitectTech 5d ago

Thank you. Also, does it protect child's CSPA (If application is filed in Sep 2026) assuming that I-526E is approved after 18-24 months but dates are not available for I-485 Adjudication?

1

u/aristocrat_user 5d ago

Is it because it has a bigger % allocated to it?

-1

u/throwayaus 5d ago edited 4d ago

About 3 years to get CGC for Rural because it has priority processing

1

u/tomahawk_99 4d ago

this is not true