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EB-5 Insights Where Government Policies and Business Realities Converge

Update on Vietnam Retrogression

Posted in EB-5 Program, Retrogression, U.S. State Department, Vietnam Retrogression

The U.S. State Department has released its monthly Visa Bulletin for the month of May 2018.  Notably, the priority dates for the Regional Center EB-5 category for nationals of Vietnam have become subject to retrogression.  As of May 1, 2018, only those approved Vietnamese EB-5 investors under the Regional Center Pilot Program whose EB-5 petitions were filed earlier than July 22, 2014 will be able to proceed with the processing of their immigrant visa applications.  Accordingly, the U.S. Consular Post in Ho Chi Minh City will cease scheduling immigrant visa interviews for investors with priority dates on or after July 22, 2014.  USCIS will likewise not schedule interviews or otherwise process or approve adjustment of status applications with these priority dates.  Given this development, we encourage approved EB-5 applicants from Vietnam to file their immigrant visa and adjustment of status applications prior to May 1, 2018.

As a note, U.S. Citizenship and Immigration Services publishes monthly guidance regarding whether it will allow reliance on Chart B – Dates for Filing, for the purpose of filing of adjustment of status.  Chart B is included within the monthly Visa Bulletin.  GT will monitor USCIS announcement and provide an update as soon as this information is released for May of 2018.  However, importantly, USCIS has not allowed reliance on Chart B for the purpose of filing of adjustment of status applications in the employment-based categories this fiscal year.  Please see our FAQ and additional information (recent blogs: What Every Vietnamese EB-5 Applicant and Agent Need to Know About Retrogression and State Department Provides Update Regarding Retrogression for Vietnam) provided with respect to retrogression of immigrant visa availability for Vietnamese EB-5 regional center investors.  GT will continue to provide updates on visa processing and availability.