Enterline & Partners Consulting | info@enterlinepartners.com

Will The New EB-5 Processing Policy Help Children Who Might Otherwise Age Out?

United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020.

During a March 13, 2020 public stakeholders meeting, USCIS discussed how the new processing will work.

For petitions filed by investors from countries for which there is a backlog/waiting list for visa availability (China, Vietnam and India), the Investor Program Office (“IPO”) will not assign a petition to an examiner until the priority date is close to becoming current for that petition. The IPO will track the Department of State Visa Bulletin, Table B “Dates for Filing”, and when the priority date becomes current on Table B, the petition will be assigned to an examiner {EAP article explaining PDs, Table A and Table B}.

The new policy could have a positive impact on any children that might be close to aging out because a child’s age is frozen when a petition is filed and only begins to advance when the petition is approved. For example, a Vietnamese investor that might wait 6 or 7 years for a visa to become available. If the investor’s petition is approved in 2 or 3 years, the child’s age will begin moving forward quicker and the child might age out earlier. If the petition is not adjudicated for 5 or 6 years, the child’s age will stay frozen during this time and the child will be less likely to age out. This will allow for older children to remain eligible for a longer period and increase the chance they can immigrate with the parent. Although potentially beneficial to investors who have teenage children, it will be difficult to accurately predict at what age a child might be considered safe when filing a petition.

Enterline and Partners managing partner David Enterline has many years of experience representing EB-5 investors and can help you navigate the complex process. If you have any questions about this VAA or the EB-5 immigrant investor visa, please contact us at:

 

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
3F, IBC building
1A Cong Truong Me Linh Str.
District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

NIV

The Importance of the DS-160 Online Application When Applying for a U.S. Visa

The Importance of the DS-160 Online Application cannot be overstated for anyone applying for a U.S. nonimmigrant visa. Whether you are applying for a B-1/B-2 visitor visa; an F, M, or J student visa; or any temporary visa to the United States, the DS-160 is the foundation of your application and a major step in the U.S. visa process. This article explains why the DS-160 is essential, what information it collects, and how mistakes on this form can impact your visa application outcome. When applying for a U.S. nonimmigrant visa, the DS-160 is the official Online Nonimmigrant Visa Application form required by the U.S. Department of State. Consular officers use this form as the primary source of information to evaluate your eligibility and intent to travel to the United States. Because the DS-160 carries authoritative relevance in every nonimmigrant visa application, providing accurate and truthful information is crucial for your

Read more >

Affiliated Job-Creating Entity, Job-Creating Entity And New Commercial Enterprise In The RIA

A number of key terms are defined EB-5 Reform and Integrity Act of 2022 (“RIA”). Herein we explain the terms “Affiliated Job-Creating Entity,” “Job-Creating Entity,” and “New Commercial Enterprise.” Understanding these definitions is essential for both investors and businesses involved in the EB-5 program. 1. New Commercial Enterprise A New Commercial Enterprise refers to a for-profit organization formed in the U.S. for the purpose of conducting lawful business activities and is receiving investment capital from foreign investors to participate in the EB-5 Program. This could include a wide variety of business structures, such as sole proprietorships, partnerships, registered companies, and others. The New Commercial Enterprise may be publicly or privately owned and receives capital investments from foreign investors. 2. Job-Creating Entity A Job-Creating Entity is any organization that is formed in the United States to conduct lawful business activities, regardless of the legal structure, similar to a New Commercial Enterprise.

Read more >

DOS to Suspend Immigrant Visa Applications from Seventy-Five Countries. Philippines and Vietnam Not Included in the Suspension

The United States Department of State (“DOS”) has announced that it will freeze immigrant visa processing for seventy-five (75) countries citing concerns that citizens from those countries might become a public charge and require government financial assistance upon entering the United States. The directive instructs DOS consular officers to pause immigrant visa applications under existing laws. It does not affect nonimmigrant visa applications including B-1/B-2 Visitor Visas, L-1 Intracompany Transfer Visas, F and J Student Visas, and E-1/E-2 Treaty Trader and Investor Visas. The suspension is scheduled to start on January 21, 2026 and covers the following countries: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Congo, Cuba, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova,

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo