How do China-born EB-5 investors estimate the wait time? - EB5Investors.com

How do China-born EB-5 investors estimate the wait time?

I was told that one can estimate the wait time of an EB-5 case based on the monthly Visa Bulletin. I am confused and would like to know how exactly I can do that. I have a priority date of Jan. 1, 2016. According to the June 2018 Visa Bulletin Table A, the current “action date” for a regional center EB-5 application is Aug. 1, 2014. How do I calculate my wait time?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

It is very hard to calculate your wait time because there are so many variables, such as denial, dropout, divorce, etc. We have to rely on government estimates. Only the government has all the data to accurately estimate the wait. You have to look not only at the wait in the Visa Bulletin but the pace of movement, which has been very slow lately.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

Instead of the action date, you should look at the application acceptance date. Those dates indicate when you can file the I-485 adjustment application (vs. when the priority date is current, which is the action date). So for June 2018, the USCIS is currently accepting I-485 (adjustment of status) applications for those Chinese nationals/regional center filing with priority date of Sept. 1, 2014, or earlier. We usually calculate that to mean that it is approximately a 3.5-year wait for Chinese nationals/EB-5 if the USCIS is currently working on September 2014 cases, unless they either retrogress or move faster.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

You should look at the final action date in the Visa Bulletin. The date shown in that chart will show the I-485 adjustment of status filing. The visa number will not move linearly and the current visa available date of Aug. 1, 2014, has not changed in many months. The visa available for any country is 700 visas per year, which includes main investors and their families. This means approximately 250 to 300 investors and families may be able to come in with EB-5 visas or be adjusted each year. Depending on how many investors have filed and received their I-526 approval with priority date before your Jan. 1, 2016, you could be looking to wait 4-plus years.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

There is no accurate way to calculate it, as some months there is no movement at all. The best you can do is to keep monitoring it and see what pattern you see. Oct. 1 is a new fiscal year and there is often a big jump then.

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