Kate Kalmykov is quoted in a EB-5 Investors Visa Blog post titled “Consular Processing Uses Tiered Approach to Triage EB-5 Applications.”

Read “Consular Processing Uses Tiered Approach to Triage
Continue Reading Consular Processing Uses Tiered Approach to Triage EB-5 Applications




Continue Reading 通知:国家签证中心通知数百名EB-5移民签证的中国申请人他们的移民申请将被暂停处理直到今年10月1日

The U.S. Department of State has now used the number of immigrant visas available for the Mainland-China-born EB-5 investors for the remainder of Fiscal Year 2016, which is set to
Continue Reading ALERT: The National Visa Center Notifies Hundreds of Chinese Applicants Processing of EB-5 Based Immigrant Visa Applications Suspended until Oct. 1

This post was updated April 22, 2015

As you may know, the EB-5 immigrant visa category will retrogress beginning May 2015. Below is a guide to the frequently asked questions we have been receiving since the announcement of retrogression.

1.      What if I have a child who may age-out but my I-526 Petition has been approved? How can I preserve my child’s age for purposes of immigration?

The DOS has issued guidance that the following can freeze a child’s age for the purposes of the Child Status Protection Act (CSPA):

  •  Submission of the DS-260;
  • Payment of the visa fee; OR
  • Submission of a DS-230 to the NVC;

It is important to remember each of those activities listed above will freeze a child’s age for CSPA purposes. Thus, the most cost effective and less timely method is payment of the visa fee bill by cashier’s check as soon as an I-526 Petition approval notice is received. As noted immediately below, all applicants who have received approval of their I-526 Petitions before May 1, 2015, will be issued a fee bill (even past the May 1 cut-off date), thereby enabling those applicants with age-out children to freeze their children’s age for purposes of immigration.
Continue Reading Retrogression FAQs for Chinese EB-5 Based Green Card Applicants

The Chief of the Visa Control and Reporting Division of the U.S. Department of State, Charles Oppenheim, reported that the EB-5 immigrant visa category would likely retrogress in July 2015. However, this does contradict his prediction provided to AILA earlier last week of retrogression occurring in May 2015. What is striking about Oppenheim’s announcement was that retrogression of the EB-5 immigrant visa category would cause him to establish a cut-off date of July 2013. A cut-off date has the effect of establishing an orderly line for the issuance of EB-5 immigrant visas. The cut-off date is determined based on the date an I-526 Petition was filed and is the date included on each I-526 Petition approval notice in the “Priority Date” box. For example, if a cut-off date of July 2013 is established in July 2015, during the month of July 2015, only those EB-5 investors (and their derivative beneficiaries) with a Priority Date in July 2013 or earlier (i.e. June 2013, May 2013, etc.) may apply for an EB-5 immigrant visa.

Continue Reading Retrogression for EB-5 Predicted at IIUSA Conference; July 2013 Cut-Off Discussed