Currently, the issue of retrogression for U.S. EB-5 investment immigration is a hot topic within the industry. So, what is U.S. EB-5 immigrant visa retrogression? Does retrogression affect investor applications and approvals? What are the viable solutions for resolving EB-5 retrogression?
Facing the issue of EB-5 retrogression, some applicants have certain misconceptions. WorldWay Group now provides a brief explanation of several core issues involved in EB-5 retrogression:
What is EB-5 retrogression?
When the EB-5 visa quota reaches its limit, the U.S. Department of State must trace back based on the number of investors with approved I-526 petitions according to the current fiscal year's visa quota. It sets a "cut-off date" for visa applicants and gives priority to the processing of EB-5 visa issuances for applicants whose "priority date" is earlier than the "cut-off date."
Taking the latest August 2017 EB-5 visa bulletin as an example: the EB-5 visa retrogression date for August 2017 is June 15, 2014. This means that if an investor's priority date is before June 15, 2014, they can proceed with their visa interview at the U.S. Consulate General in Guangzhou in August 2017.
Who is affected by retrogression?
Currently, the main investors affected by EB-5 retrogression are those born in mainland China. (Identity is defined by place of birth.)
Is the duration of retrogression fixed?
No, it is not fixed; it is constantly being adjusted.
Is there a retrogression when filing Form I-829 (application to remove conditions on permanent resident status)?
No. Retrogression only applies to the stage from I-526 to the receipt of the first green card (conditional green card).
What impact can retrogression have on children as derivative applicants?
According to relevant U.S. immigration laws, only unmarried children under the age of 21 can apply together with their parents. The emergence of EB-5 retrogression puts children as derivative applicants at risk of being over 21 years old upon arrival in the U.S.
How to avoid the crisis of children exceeding the age limit as derivative applicants for U.S. immigration?
The vast majority of Chinese families apply for EB-5 specifically for their children. Ensuring that children can obtain a green card and successfully reach the U.S. before the age of 21 is the most important consideration in pursuing EB-5 U.S. investment immigration. Therefore, WorldWay Group suggests: Let the children be the principal EB-5 applicants; in that case, parents can apply for a green card through family-based immigration without being subject to retrogression.
Currently, WorldWay Group has successful closed cases where minors have acted as principal applicants for U.S. immigration. EB-5 investors who are concerned about retrogression and wish to choose their children as principal applicants can rest assured by choosing WorldWay.
WorldWay minor client as principal applicant for U.S. immigration, I-526 approval letter (applicant was only 16 years old)
What are the solutions for addressing EB-5 retrogression?
Currently, the American Immigration Lawyers Association (AILA) EB-5 Committee has submitted an EB-5 industry white paper to members of Congress, directly addressing the severe current retrogression issues of EB-5 and calling on Congress to face the retrogression problem and take tangible action. It also lists eight feasible plans from both legislative and administrative levels to resolve retrogression issues for Congressional decision-making.
For details, see the report article on the official WorldWay website — Tracking the Latest Trends in EB-5 Reform: Detailed Explanation of Eight Schemes to Unlock Retrogression (Click to learn more)
What is the most practical approach to cope with retrogression currently?
Select a high-quality project, file as soon as possible, obtain your priority date early, enter the queue early, and shorten the time gap between the priority date and the cut-off date. Therefore, the only way to obtain a green card quickly nowadays is speed—apply as soon as possible!
Retrogression resolution is imminent; the wolf of price hikes is really coming!
Currently, the U.S. Congress has received reference schemes for resolving EB-5 visa retrogression, and the "EB-5 Comprehensive Reform Bill Draft" proposed by Senate Majority Whip John Cornyn has been included in the schemes addressing retrogression.
The "EB-5 Comprehensive Reform Bill Draft" has been widely discussed and is very likely to be passed by Congress by the end of September. The wolf of EB-5 price hikes is really coming! Before 9/30 arrives, the $500,000 U.S. investment immigration will be the final opportunity. To win before the price hikes, acting now is the best policy!
【Warm Reminder】From August 5th to 13th, WorldWay will join hands with authoritative immigration lawyers to analyze the latest EB-5 hotspots, appearing together in Beijing, Shanghai, Guangzhou, and Shenzhen to present the path to breaking the EB-5 retrogression. Please continue to follow the WorldWay Group official website or official WeChat account for the latest breaking news and follow-up reports. For more details on U.S. investment immigration, please call: 400-138-2929
