Effective May 1, 2015, only Chinese-born applicants with a priority date earlier than May 1, 2013, may apply for adjustment of status within the United States (for those with legal status in the U.S.) or schedule a final interview in Guangzhou. Below are the answers to frequently asked questions regarding the EB-5 visa cut-off date for China:
Q: How many EB-5 visas are remaining for the 2015 fiscal year?
A: According to U.S. Department of State visa information, approximately 2,525 EB-5 visas remain available for allocation between May 1, 2015, and September 30, 2015 (approximately 500 per month). Starting October 1, 2015, approximately 10,000 new visa quotas will become available for the 2016 fiscal year.
Q: How is this calculated specifically?
A: There were 10,224 EB-5 category visas available for the 2015 fiscal year, of which 7,699 have already been used, meaning a total of 2,525 visas remain until September 30. To ensure that EB-5 visa usage does not exceed the annual quota, the Department of State must reduce the number of visas issued to approximately 500 per month (with 2,525 visas remaining for the final 5 months of the 2015 fiscal year). Based on this, a priority date cut-off of May 1, 2013, has been established, meaning these monthly quotas will be prioritized for applicants from mainland China who filed before this date.
Q: What does this mean for EB-5 applicants currently in the United States whose priority date is not earlier than May 1, 2013?
A: They must wait until their priority date becomes "current." If they hold or can maintain valid non-immigrant status, they may remain in the United States until their priority date becomes "current."
Q: What does this mean for EB-5 applicants outside the United States whose priority date is not earlier than May 1, 2013?
A: They must wait until their priority date is "current" before they can schedule an interview at the Guangzhou Consulate, unless they can obtain a visa that allows for dual intent, such as an L-1 or H-1B visa, or can demonstrate intent to return home to obtain an F-1 student visa.
Q: If I have legal status in the U.S. and have already filed an adjustment of status application, and I am currently waiting for my Employment Authorization Document (EAD) and Advance Parole, can I add my Chinese-born boyfriend/girlfriend to my adjustment of status application if we get married?
A: No. You may marry your Chinese-born boyfriend/girlfriend, but he/she cannot file an adjustment of status application until your priority date is "current," or unless your spouse was born in a country other than China.
Q: My I-526 petition was approved on May 1, 2015, but because it was filed after April 30, 2013, my priority date is not "current." However, I have a child under 21; will they be eligible to receive a green card with me as a beneficiary?
A: It is possible, depending on their age at the time the I-526 was filed and how long it took for the I-526 to be approved. The law requires you to seek permanent residency within one year of a visa becoming available, but if you do not have a full 12 months to complete these steps due to visa retrogression, you will have another 12 months, though the age must be recalculated under the Child Status Protection Act (CSPA). Beneficiary children who are over 20 at the time of filing are very likely to "age out"; most 19-year-old beneficiaries still have a chance, and 18 is relatively safe. Specific circumstances depend on the current backlog of applications, new monthly filings, and approval rates.
WorldWay Friendly Reminder: WorldWay, in conjunction with GT Law Firm, will continue to provide you with the latest information on U.S. investment immigration from the U.S. Department of State and USCIS. Regarding the visa backlog, WorldWay will continue to monitor the situation and provide professional answers through our official website and various WeChat channels. If applicants or investors have any questions or concerns regarding the EB-5 backlog, please follow our official channels or contact a WorldWay consultant or customer service representative. WorldWay is committed to providing you with the most authoritative, detailed, professional, and satisfactory answers and services. Consultation Hotline: 400-138-2929
