USCIS has announced, that effective May 1, 2015, EB-5 visa applicants who were born in mainland-China face new restrictions due to visa issuing limits. Those who currently have a priority date of May 1, 2013 or before, can file to adjust his or her status to Lawful Permanent Resident, if lawfully in the U.S., or proceed to be scheduled for a final interview at the U.S. Embassy in Guangzhou or have an EB-5 immigrant visa issued.
How many EB-5 Visas are left for the 2015 Fiscal Year?
According to our expert U.S. immigration lawyer, Jack C. Sung, there are approximately 2,525 EB-5 visas still available to applicants from all countries. The U.S. Department of State estimates that approximately 1,500 of those will be required for use by applicants from countries other than China, with the remaining 1,000 going to natives of China with a priority date prior to May 1, 2013.
On October 1, 2015 Fiscal Year 2016 will begin and approximately 10,000 new visas will become available. It is expected, however, that the cut-off date will remain about two years prior to the actual calendar date
Which countries currently have used the most of these EB-5 Visas?
According to our Los Angeles immigration attorney, of the currently issued 7,669 for FY2015, mainland-China has used about 6,819; Vietnam about 244, Taiwan about 83, India about 58 and South Korea has about 54 of these EB-5 visas.
I am from Canada and have a currently pending EB-5 visa application, am I subject to the cut-off date?
Applicants for the EB-5 visa from countries other than mainland China are not subject to any additional wait times, other than the estimated 12 month processing time.
I am an EB-5 Chinese applicant waiting abroad with a priority date after May 1, 2013
If you currently have an approved EB-5 petition with a priority date after May 1, 2013 you will have to wait outside of the U.S. until your priority date becomes current to be scheduled for your final immigrant visa interview.
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