On July 11, 2012, Charlie Oppenheim, Chief of Visa Control at the U.S. Department of State issued data for EB-5 visa usage in fiscal year 2012.

The data shows that the top five countries using the EB-5 visa are:

  1. China – 3,710 EB-5 visas
  2. South Korea -335 EB-5 visas
  3. Taiwan – 106 EB-5 visas
  4. Venezuela – 82 EB-5 visas
  5. Iran – 69 EB-5 visas

The top 5 countries account for 89% of all visa issuance. 

As readers of this blog know, the EB-5 category allots 10,000 visas annually to immigrant investors through the EB-5 category.  With State Department predictions of approximately 6,200 to be issued this year, it appears that we may reach the EB-5 “cap” in the next few years, absent Congressional relief. 

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.