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Significant Advancement in the EB-5 Category – March 2020 Visa Bulletin Update & Use of Chart B for Filing Adjustment of Status Applications

The Department of State (DOS) has released its March 2020 Visa Bulletin, which shows significant advancement in most employment-based (EB) categories, particularly the EB-5 category.

Specifically for EB-5, the priority dates per Chart A Final Action Dates will remain current for investors born in all countries except China, India, and Vietnam. The final action cutoff date for China will advance by almost six months to May 15, 2015. Likewise, the final action cutoff date for India will advance more than seven weeks to Oct. 22, 2019; and the final action cutoff date for Vietnam will advance by one month to Jan. 15, 2017.

Furthermore, USCIS announced that applicants will be able to use Chart B for filing adjustment of status applications. Chart B Dates for Filing will remain current for all countries other than mainland China. The Chart B cutoff date for Mainland China will move up seven months to Dec. 15, 2015, for the month of March. As such, Mainland China-born investors with priority dates earlier than Dec. 15, 2015, who are in the United States in valid visa status will be able to file adjustment of status applications, and the National Visa Center will be able to initiate the immigrant visa process for those investors with the same priority dates who reside abroad.

As a reminder, the scheduling of immigrant visa interviews and forwarding of files to the U.S. Consular Post in Guangzhou, China, are subject to delays. This is because all regular operations were ceased at the U.S. Consular Posts in China due to health concerns associated with COVID-19.

In addressing the significant movement forward of the cutoff dates for Mainland China-born EB-5 investors, the State Department explained that, to date, there has not been a lot of applicants seeking to obtain conditional permanent residence. Therefore, the State Department made the decision to advance cutoff dates, particularly for EB-5 investors born in Mainland China, in order to utilize fully the amount of green cards available. The State Department warned, however, that it is possible for the cutoff dates to retrogress in the coming months.

©2020 Greenberg Traurig, LLP. All rights reserved.

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About this Author

Jia Zhao, Greenberg Traurig Law Firm, New York, Immigration Law Attorney
Associate

Jia Zhao focuses her practice on business immigration and compliance. Jia advises individual and corporate clients in a variety of complex immigrant and non-immigrant matters, including petitions and applications for family and employment-based matters, as well as the naturalization process. 

Concentrations

  • EB-5 immigrant investor visas

  • EB-1, PERM-based immigrant petitions

  • Non-immigrant visas, including L-1, O-1 and H-1B

  • ...
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