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How will EB-5 visa retrogression benefit investors from other countries?

I heard that the EB-5 quota for mainland China is maxed out for 2014. If investors are from countries other than mainland China, will the process be faster? Will EB-5 visa retrogression benefit investors from other countries?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Retrogression means that Chinese investors will still be able to file their I-526 petitions. However, they will have to wait longer to obtain their conditional permanent residency. The investors from other countries will also be able to file their I-526 petitions and the processing time of adjudicating the I-526 petitions will be the same as for the Chinese investors.The investors from other countries will obtain their conditional permanent residency visas faster than the Chinese because of retrogression.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    This will neither affect nor benefit applicants from other countries.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    It will not be any faster. It will not be of any significant benefit to any others.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    EB-5 cases, like all other employment-based category cases, go through two separate reviews and processing by two separate government agencies. The I-526 petition is reviewed and processed by the USCIS, and only after that petition is approved does the case gets sent to the State Department for consular processing - OR for those people who are already in the United States, the USCIS could process the I-485, adjustment application. The visa retrogression for mainland China only means that once the I-526 is approved the other country applicants could continue immediately to the consular visa processing or adjustment application process while the Chinese people must wait until the visa numbers become available again. Unfortunately, the lengthy processing time for I-526 by USCIS will not be affected by this visa retrogression for Chinese applicants.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Not likely to affect the processing speed of other cases.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    First, USCIS processing of the I-526 petition will not change. Second, other countries will likely remain "current" and will be able to move forward with visa applications as soon as the I-526 is approved. The processing time at the NVC will probably be similar to what it is now.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is unlikely to be any significant benefit for EB-5 investors not born in China.

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