June 27, 2022

Volume XII, Number 178

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June 27, 2022

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July 2015 Visa Bulletin: Cutoff Date for EB-5 Retrogression Moves Forward to September 1, 2013

The Department of State’s (DOS) July Visa Bulletin brings some good news for China indicating that that the EB-5 immigrant visa category will advance by four months for China, from May 1, 2013 to September 1, 2013.

This development has come as a bit of a surprise to those of you who follow Charles (“Charlie”) Oppenheimer’s, chief of the Visa Control and Reporting Division at the DOS, predictions for employment-based cut-off numbers, who predicted that the EB-5 cut-off date imposed for May 1, 2013, would remain for June.

In light of this modest movement in the retrogression date, mainland-Chinese born EB-5 investors should continue to file I-526 Petitions as soon as possible because these developments have no effect on the adjudication of I-526 Petitions. DOS has created a waiting list based on the priority date, or the date an I-526 Petition is filed, which you can read more about on our EB-5 Insights blog here.

There was forward movement in the other employment-based categories in the July Visa Bulletin as well. The EB-2 category for China advanced four months, from June 1, 2013 to October 1, 2013. The EB-2 category remained the same, October 1, 2008, for India from June to July. The EB-2 category is “current” for “All Other Countries.”

The EB-3 category remained the same from June to July for China, with September 1, 20011 for the EB-3 “Professional and Skilled Workers” category, and January 1, 2006 for the EB-3 subcategory for “Other Workers”. The EB-3 category and subcategory for “Other Workers” both advanced by a few days for India, from January 22, 2004 to February 1, 2004.  The EB-3 category and subcategory for “Other Workers” both advanced by over a month for “All Other Countries,” from February 15, 2015 to April 1, 2015.

EB Category

All Other Countries

China

India

EB-1

Current

Current

Current

EB-2

Current

10/1/2013

10/1/2008

EB-3 (prof. & skilled workers)

4/1/2015

9/1/2011

2/1/2004

EB-3 (other workers)

4/1/2015

1/1/2006

2/1/2004

EB-5

Current

9/1/2013

Current

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume V, Number 162
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About this Author

Sylvia Sobczyk, Greenberg Traurig Law Firm, New Jersey, Immigration Law Attorney
Associate

Sylvia Sobczyk focuses her practice on immigration matters, including EB-5 investor-based and family-based immigration. She is experienced with I-526s and corresponding applications for permanent residency.

Sylvia works with developers across a wide variety of industries and is experienced with a wide-range of EB-5 matters, including: the creation of new Regional Centers; developing new projects that qualify for EB-5 investments for private equity funds; and having projects adopted by existing Regional Centers or through pooled individual EB-5...

973-443-3239
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