r/EB5_Immigration

Seeking perspectives on navigating EB-5 Writ of Mandamus — would love to connect with others who've been through it

Hi everyone,

I have filed a writ of mandamus for my EB-5 case (485 + 526 | HUA | 7 month+ receipt date) and am currently navigating some decisions along the way. Would love to connect with others who have been through this process and can share perspectives.

If you've been through a mandamus and are open to sharing any experiences/perspectives, feel free to DM me. Happy to share more context about where I am in the process.

Thanks so much!

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u/Hack-Nerd-85 — 1 day ago

Eb5 investment projects

I am a single mom to a 2 yr old boy and I have been a single mom single he was 6 weeks old. I am burning my savings in family court protecting myself and my son from an abuser and it’s been very very expensive. I am on H1B and I am a manger at FAANG. I am an Indian citizen and my son is an American citizen. I am fortunate to have my parents help me with EB5 investment. I am looking for low risk projects. This GC is expensive and only it’s a single applicant in the application - me. But the stress of being on a visa and otherwise just managing life has been a lot. I can’t imagine returning back to India specially being a single mom. I have been here 10+ yrs and my EB2 PD is 2019.

Is EB5 the right path for me? Can someone share their experience finding the projects where they were able to get their investment back even if they lost the opportunity cost? Would really appreciate valuable insights.

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u/Calm-Taste8345 — 2 days ago

Any RCs that have skin in the game ?

I feel like most RCs/ nces have nothing to lose - just make money off of investors - regardless of outcome immigration or financial . Are there any RCs that invest an alongside eb5 investors ? ( I know that vertically integrated projects exist - but in a non vertically integrated scenario )

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u/DryCrazy4566 — 1 day ago

AMA With EB-5 Attorney & Subreddit Moderator Kyle Mitchell, Esq.

Hi Everyone,

It's been a while and we've had a lot of new people join the subreddit, so I've decided to host another AMA. For those who haven't met me yet, I'm an EB-5 immigration attorney in New York running my own practice (mitchelleb5.com) and of counsel with the Law Offices of Li & Associates. I am also the creator and moderator of this Subreddit and its associated investors-only WhatsApp Group.

Drop your EB-5 questions below and I'll answer as accurately as I can. Heads up: my answers here are general information, not legal advice for your situation, and I don't give investment advice.

When: Thursday, May 21, 2:00 PM ET / 11:00 AM PT I'll start with questions submitted ahead of time and keep answering until the AMA wraps.

Disclaimer: My answers in this AMA are general legal information only. They are not legal advice and do not create an attorney-client relationship. For advice on your specific situation, please consult with an attorney directly.

I look forward to answering your questions!

Thanks,

Kyle

https://preview.redd.it/09h4aw77842h1.jpg?width=3024&format=pjpg&auto=webp&s=d7fc4db2ba2c64fedeef44b206d83f124207a084

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u/KyoMeetch — 2 days ago

EB-5 HUA: AP/I-131 stuck since biometrics for 12 Months

Hi everyone,

I filed concurrently under EB-5 HUA and received my EAD in August. However, my Advance Parole / I-131 has had no update since biometrics in May 2025.

I’m getting worried that this may turn into an endless wait. When I submitted my application, the posted processing time was around 11 months, but now the USCIS processing time shows around 22 months, and it seems to keep increasing.

I also contacted my congressman’s office and submitted the privacy release form in early May, but I haven’t heard anything back yet.

Has anyone experienced a similar situation? I would really appreciate any advice or data points!

My questions are:

  1. Can I file a Writ of Mandamus specifically for the pending I-131/AP?
  2. How much longer should I realistically expect to wait? Does the current 22-month processing time apply to people who filed now, or also to older pending cases?
  3. Is there anything else I can do besides congressional inquiry and waiting?

Any recommendations or similar experiences would be greatly appreciated. Thank you!

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u/Siu_0601 — 2 days ago

Any recent I-485 approvals for EB-5 Rural cases? (Post-RIA)

Hey everyone,
I’m trying to get a sense of the current timeline and movement for concurrent or subsequent I-485 filings under the EB-5 Rural targeted employment area (TEA) category.
Are any of you seeing recent I-485 approvals for rural cases? If you've had any movement lately, could you share your timeline? Specifically interested in:
Priority Date (PD): Jan 2025 concurrent filing
I-526E approved : July 2025
I-485 Approval Date / Status: pending
Service Center: csc
Hoping to see if NBC or regional service centers are actively moving on these or if things are hitting a standstill. Thanks in advance for sharing!

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u/Economy-Dress4039 — 3 days ago

EAD/AP Stalled at Nebraska – September 2025 Receipt Date | Anyone Seeing Movement?

Hello everyone,

I filed my EB-5 petition concurrently last year. My receipt date for both EAD and Advance Parole is September 12, 2025, and my case is being processed at the Nebraska Service Center.

Biometrics were completed on October 9, 2025, but I haven't received any updates since then — now over 7 months with no movement.

Is anyone else with a Aug - Sept 2025 receipt date at Nebraska seeing any activity on their EAD or AP? Would love to hear if there's any pattern. Thanks!

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u/Hack-Nerd-85 — 3 days ago

Ead/ ap -18 month validity ?

For all the people who claim to be lobbying and influencing policy regarding eb5 re- authorization . Is a longer ead/ ap and auto extension on the bargaining table ? Does this even come up on the discussions ?

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u/DryCrazy4566 — 3 days ago

What are possible reasons for post RIA 829 denials ?

Assuming that the project completed construction / job creation and the final economic report says so , what if any are grounds for denial ? This is assuming that nothing has changed or no new issues have arised at the investors end and SOF is still deemed kosher ?

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u/nahodu — 4 days ago

I built a free EB-5 Opportunity Cost Calculator - helps compare EB-5 vs waiting for EB-2/EB-3/EB-1A

I was running these calculations on spreadsheets when evaluating my own EB-5 investment. Kept tweaking assumptions like market returns, loan scenarios, how much I value peace of mind, etc. Eventually turned it into a proper tool.

What it does:

  • Compares EB-5 path vs waiting for GC via other means, purely on financial terms
  • Factors in: RC return, market opportunity cost, loan scenarios (HELOC/margin), additional earning potential with work freedom, and peace of mind/travel freedom value
  • Shows year-by-year chart and side-by-side breakdown
  • Shareable links so you can send your scenario to someone

Everything runs in your browser. No accounts, no data stored, no ads. Just a single HTML file.

Works whether you're still deciding, already invested and want to sanity check the math, or just curious about the numbers.

Tool link in comments

u/Naive-Performance-18 — 5 days ago

Using Spouse/Partner’s Self-Directed IRA (SDIRA/SIDRA) for EB-5 Investment — Anyone Successfully Done This?

Looking for insight from anyone who has successfully used a Self-Directed IRA (SDIRA/SIDRA) as part of an EB-5 investment structure.
I will be the primary EB-5 applicant, but my partner and I are exploring whether we can use funds from my partner’s IRA through a self-directed IRA structure to fund part of the project investment.
The challenge is that we’re getting vague answers:
Our attorney says it’s possible but hasn’t clearly explained the structure/process
The Regional Center keeps directing us back to the attorney
We’re trying to understand what is actually feasible in practice vs. theoretically possible
Specifically trying to understand:
Can the EB-5 investment be funded through a spouse/partner’s SDIRA if they are not the primary applicant?
What ownership/entity structure is typically used?
Are there common USCIS source-of-funds or “at risk” issues with SDIRA-funded EB-5 investments?
Did anyone run into prohibited transaction or custodian issues?
Any attorneys, custodians, or RCs that were particularly knowledgeable on this structure?
Would really appreciate hearing from anyone who has gone through this successfully (or unsuccessfully). Trying to avoid expensive trial-and-error with professionals who don’t fully understand the SDIRA angle.

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u/happinesspursuit2006 — 10 days ago

Found my project

I think I found my project. I am going to visit them. more updates to come but below are details

  1. RC is a non profit owned by city government or quasi government entity like the chamber of commerce so their fees are less than $5k
  2. Promoters are long term as in 25+ years In hospitality business
  3. Project is building a high brand hotel but what I liked about it is the scope is limited. build one hotel I think under 100 rooms, operate, provide money back in 5 years with I was surprised above average interest. From what I can see they are only going with 8 investors.
  4. The promoters have their hotels like 5 or 6 of them and they have alternate financing in place. All in rural areas and this one also is in TEA.

This is my due diligence. I want to invest in project not in RC.

i am going to visit the promoters and the site next week. Let me know if anyone of you want to visit with me or I have also asked them to have a zoom call.

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u/Specialist-Bobcat-76 — 11 days ago

Just got told that H1B is not possible due to my AP

So early last year I got my AP and EAD from my EB5 application. I was on my F1 and ended up traveling and reentered on my AP, my SEVIS record was subsequently terminated. I was hoping to still try for the H1B as my I526E goes along to have a decent backup in case something goes wrong.

Just got selected for the H1B this year and when sending over my docs to my company lawyer I was told that they could not move ahead with my application as it would come under Consular Processing and not COS since I do not have a valid underlying non immigrant visa, thus 100k fee would apply. Really frustrated and scared about not having a viable backup and really kicking myself for traveling last year even though I had no way of knowing the 100k thing.

Is there really nothing I can do?

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u/Glug_Thug — 12 days ago

Rural I-526E taking long time

Nation: India
PD: April 2024 with Rural Project approved
Processing Center: CA

Is anyone else who filed in 2024 still waiting on I-526E approval for a rural project? Feels like I’m one of the unlucky ones since people in my project received approvals for both the project and AOS.

Any suggestions on how to move the processing since rural shouldn’t take 24+ months? I emailed my Congress representatives and both said I’m in “normal processing times”. Is WoM even viable at this point?

Thank you!

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u/ComprehensiveCraft57 — 13 days ago

Got I-526E RFE + dream job offer at the same time… too scared to give up H-1B

Would really appreciate any advice or similar experiences here.

I got an I-526E RFE in April 2026 and am currently preparing the response (planning to submit in June). I also got an offer from my dream company, and they want me to start in early July. 

During interviews, I told HR I wouldn’t need sponsorship because at the time I genuinely thought I’d just use my combo card / EAD based on pending AOS. I’ve always felt pretty confident about my case overall. But lately I’ve started seeing denied I-526E cases online, and now I’m kinda panicking. 

At this point, I’m leaning toward keeping my H-1B until the I-526E gets approved, but the timing is super uncertain and could easily be July or even later.

I’m now considering asking the new employer if they’d be willing to do an H-1B transfer, and I’d really appreciate any advice on how to approach that conversation with HR. 

My thinking is that for a large company, an H-1B transfer may actually be a more standardized / lower-risk option from an I-9 + compliance perspective vs onboarding through a pending-GC EAD. Also I already have H-1B with 5+ years left & I do NOT need GC sponsorship from them. So theoretically this shouldn’t be a huge burden or cost for a large employer.

BUT I’m worried HR / HM / legal may get nervous since I originally said I didn’t need sponsorship. Worst case, maybe it impacts the offer or they rescind it altogether.

And if they refuse the H-1B transfer, I may have to ask to delay my start date for a few weeks or up to 2 months until the I-526E gets approved… which could also get awkward or potentially burn bridges.

I’m honestly super torn. I really don’t want to lose this opportunity, but I’m also nervous about immigration/status risk in the current environment.

Has anyone been through something similar? Would especially appreciate thoughts from ppl in HR / legal / immigration. Much appreciated!

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u/XX645344 — 12 days ago

What projects are you considering?

Started exploring Rural EB-5 projects, but I’m getting lost in all the paperwork and offering docs. What projects are you looking into or investing in? Trying to narrow down a few to skim through.

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u/Emotional-Cucumber47 — 12 days ago

why do RCs/NCEs keep asking me who my attorney is ?

Every RC / NCE asks me who my attorney is ? Why is this important even before I am close to subscribing ? Is there some industry secret that I am missing as an investor ?

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u/nahodu — 13 days ago