EB-5 – Page 2 – The Immigration Bulletin

Retrogression Alert Issued for EB-5 Category

In September 2014, we predicted the EB-5 visa category would retrogress sometime in the 2015 fiscal year. After all, Form I-526 filings have increased by over 500% over the last five years. And the EB-5 category for Chinese nationals became unavailable at the end of the 2014 fiscal year. Our hunch was confirmed by the Department of State (DOS) recently, when Charles Oppenheim, Chief of the Visa Control and Reporting Division at the DOS, predicted that the EB-5 immigrant visa category would retrogress as early as May 2015, but definitely sometime during the 2014-2015 fiscal year. Continue reading “Retrogression Alert Issued for EB-5 Category”

EB-2 India Retrogresses

Today, the U.S. Department of State (“DOS”) issued the November 2014 Visa Bulletin. As was expected, the employment-based, second preference (EB2) category for people born in India retrogressed to February 15, 2005. Interestingly, the employment-based, third preference category moved forward across the board. EB3 India inched forward to November 22, 2003; EB3 China advanced to January 1, 2010; and EB3 for all other countries of chargeability moved to June 1, 2012. Continue reading “EB-2 India Retrogresses”

Immigrant Visas for EB-5 China Depleted

EB-5 Immigrant Visas for Chinese nationals have been depleted through fiscal year 2014, but remain current for the new fiscal year beginning October 1. However, based on the assumption that U.S. Citizenship and Immigration Service (“USCIS”) will continue to approve EB-5 cases at the current rate, it is predicted that a cut-off date will be imposed during the second half of the fiscal year, possibly as early as May 2015. Continue reading “Immigrant Visas for EB-5 China Depleted”

The Infamous EB-5 Visa

Late last month, the U.S. Department of State announced that as of August 23, 2014, immigrant visa numbers for Chinese nationals in the EB-5 category would be unavailable through September 30, 2014. This notwithstanding, when the U.S. Department of State issued its October Visa Bulletin, the EB-5 category showed as current for all nationalities. Continue reading “The Infamous EB-5 Visa”

The EB-5 Program: The Road to Citizenship Less Traveled

Bipartisan immigration reform in an election year? And it creates jobs without adding to the deficit? Too good to be true? Well, earlier this year, Sen. Patrick Leahy (D-Vt) introduced legislation—co-sponsored by five Republicans (Sens. Collins, Grassley, Hatch, Lee & Rubio) and three Democrats (Sens. Conrad, Kohl & Schumer)—to extend the EB-5 Regional Center Program for three years.[1] After several amendments, that legislation was passed unanimously by the United States Senate.[2] It later passed the House of Representatives by a 412-3 vote and was ultimately signed into law by President Barack Obama. The legislation, as enacted, extends the EB-5 Regional Center Program—which had been set to expire on September 30, 2012—for an additional three years.[3] Continue reading “The EB-5 Program: The Road to Citizenship Less Traveled”