The U.S. Department of State (DOS) has released the monthly Visa Bulletin for October 2022 — the first month of Fiscal Year 2023. A review of the Visa Bulletin shows that the Employment Based 5th (EB-5) visa category for nationals of Mainland China has retrogressed, with cutoff date moving from Dec. 22, 2015 to March
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 EB-5 Applications.”
On Oct. 4, 2021, USCIS updated its EB-5 website and issued an alert regarding the current lapse of the EB-5 Regional Center Program. The Regional Center Program (the “Program”) has been lapsed since June 30, 2021, when Congress did not timely reauthorize it. USCIS confirmed on its website several important points for applications after June
美国国务部已经使用完到2016年财年底，即2016年9月30日之前，所有给出生在中国内地的EB-5投资人的签证名额。因此，国家签证中心现已暂停受理出生于中国内地的已获批I-526申请的受益人的移民签证申请。预计会在2016年10月1日恢复受理。在此期间，申请人将不能支付移民签证费用和完成或访问移民签证DS-260申请。
美国移民和国籍法案的第203条限制了可用于每个类别移民签证的名额，其中大约10,000个名额拨给EB-5投资移民类别。这个总数是进一步受制于每个国家的限制，其中给出生于中国内地的EB-5投资者的签证名额已经受到积压。到2016年9月13日为止，国家签证中心已经告知在当前法律的限制下，在本财年，分配给在中国内地出生的EB-5投资人的名额已经告罄。本财年将会在2016年9月30日结束。
美国国务院宣布如果他们确定其他国家将不会使用2016财年余下的签证名额，他们仍可能会提供这些额外的签证名额给中国内地出生的申请人。在此期间，国家签证中心已经向那些受暂停影响的申请人通过邮递和电子邮件发送通知和解释这个情况。国务院已要求受到暂停影响的申请人只在需要改变联系方式或签证资格的情况下才联系国家签证中心。
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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 conclude Sept. 30, 2016. Therefore, the National Visa Center (NVC) has temporarily suspended processing of immigrant visa applications for the Mainland China-born beneficiaries of approved
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):
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
As part of an ongoing series of monthly updates provided to the American Immigration Lawyers Association, 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 could retrogress as early as May 2015. It appears retrogression of the EB-5 immigrant visa