September 30, 2022

Chinese and Indian EB-5 Investor Priority Dates Retrogress on the October Visa Bulletin; Vietnamese Remains Current

The U.S. Department of State (“DOS”) has published the October 2022 Visa Bulletin and the “Final Action Date” Priority Dates for Chinese and Indian EB-5 investors under the “5^thUnreserved” visa category has retrogressed (moved backward in time). What is the Priority Date?

Following the return of the Regional Center Program with the passage of the EB-5 Reform and Integrity Act in March 2022, Chinese born investors under the 5^th Unreserved visa category had a Priority Date set in mid-November and then mid-December 2015. The October Visa Bulletin establishes a Final Action Date for Chinese of March 15, 2015. Thus, we say that the Priority Date has “retrogressed” 9 months.

Indian-born EB-5 investors under the 5^th Unreserved visa category had been current (“C”) this year, but the October Visa Bulletin establishes a Priority Date of November 8, 2019.

The dates for all other EB-5 categories, including that for Vietnamese investors, remain current in October. Vietnamese investors should expect to see DOS establish a Priority Date for them in the Visa Bulletin sometime this year during fiscal year 2023 (October 1 to September 30, 2023).

Indian and Chinese investors who filed their Form I-526 Petitions after these cut-off dates will have to wait for those dates to move to or past their Priority Date before a visa is available. It is difficult to predict how quickly these dates will move forward.

If you have questions about your Priority Date, the Visa Bulletin and your EB-5 petition or visa application, please contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

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Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa

Tags: EB-5 Immigrant Investor Visa, EB-5 Reform and Integrity Act of 2022 (RIA), Final Action Date, Priority Date, U.S. Department of State (DOS), Visa Bulletin

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