A few days ago, Laura Reiff and I reported on common misconceptions related to the predicated retrogression in the EB-5 visa category for Chinese nationals. Things have already changed.

According to Charles Oppenheim of the Department of State Visa Office, EB-5 usage has dropped in recent months. As a result, it is no longer expected that China will reach its per country limit in 2013. This means that Chinese EB-5 applicants may continue to file EB-5 petitions without being subjected to a backlog. Current processing times for EB-5 petitions are at around eight months, and subsquent green card applications are generally processed between a six to eight month period.

Mr. Oppenheim noted that EB-5 visa usage was up by 75 percent compared to this time in 2012. Likewise, he was uanble to provide insight into how the upcoming transfer of EB-5 cases from the USCIS California Service Center to the new EB-5 office in Washington, D.C., would impact processing of cases by the agency.