September 27, 2021

Volume XI, Number 270

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September 24, 2021

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EB-5 Visa Retrogression Update: Guangzhou Consulate Cancelling Scheduled Immigrant Visa Interviews

Effective immediately, the National Visa Center (NVC) in concert with the U.S. Consulate in Guangzhou has begun issuing cancellation notices to individuals with scheduled immigrant visa interviews due to retrogression. This is a departure from the prior practice whereby individuals with scheduled immigrant visa interviews would have already been allocated an immigrant visa number, thus not subjecting them to retrogression. Individuals with recently scheduled immigrant visa interviews should check with their attorneys or legal representatives to ascertain whether a cancellation has occurred.

Individuals who receive a cancellation notice will be affected by retrogression. Accordingly, those individuals will have to review the monthly visa bulletin to ascertain when their priority date is current. Once their priority date is current, they will be able to re-apply for an EB-5 immigrant visa.  Additionally the DOS maintains a “Priority Date Checker” which is an interactive form that will automatically populate the cut-off date applicable for you. Further information can be found here in English and here in Mandarin.

For those individuals who have derivative beneficiaries who are at risk of “aging-out,” this will not adversely affect those dependents. Any derivative beneficiary who submitted a DS-260, OR paid an immigrant visa fee will be protected by the Child Status Protection Act. 

Additionally, we have begun receiving reports from the EB-5 community that NVC notices of scheduled immigrant visa interviews are not being mailed timely, which is leading to individuals missing scheduled immigrant visa interviews. This is unsurprising given the NVC’s inability to function effectively the past nine months. Please check back to our blog for further updates to these developing issues.

©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume V, Number 113
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About this Author

Dillon Colucci, Greenberg Traurig Law Firm, Los Angeles, Immigration Law Attorney
Associate

Dillon R. Colucci practices and handles U.S. immigration concerns and helps individuals, families, professionals, skilled workers, investors, and businesses live, work, invest and do business in the United States. Dillon works extensively on EB-5 immigrant investor matters. He regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes the creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5...

310-586-7749
Kate Kalmykov, Greenberg Traurig Law Firm, New York and New Jersey, Immigration Law Attorney
Shareholder

Kate Kalmykov focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has extensive experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5...

973-443-3276
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