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Why is there a quota for the EB-5 visa program?

Why is there a quota that restricts the number of people who can apply for a green card through the EB-5 program? It seems like there are many more people who are able to afford the investment amount and who would want to get a green card through the program.

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Quotas exist in many visa categories, not just EB-5, and are set by Congress to control how many aliens may immigrate to the United States each year. Visa quotas are established per country per year. Currently, only nationals born in mainland China experience immigrant visa backlogs under the EB-5 program due to the high volumes of petitions filed.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The EB-5 quota system was set up by law enacted by Congress and it has been the law of the land since 1990. Currently, only 10,000 visas are available for EB-5 per year and it is even further divided among projects located in rural and urban areas. For all applicants, the same rule applies to everyone. Finally, it is a fact that there are far more people who want EB-5 who can meet the requirements from various countries.

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    John J Downey

    Immigration Attorney
    Answered on

    The quota does not relate as to how many people may participate, but rather how many visas are available under EB-5 for your country per year.

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    Charles Foster

    Immigration Attorney
    Answered on

    Simply put, there is an EB-5 visa quota because Congress established same when it enacted the program in 1990. Congress is unwilling to accept an unlimited number of applicants for lawful permanent residency and except for immediate relatives of U.S. citizens, all of the employment-based and family-based classifications have quotas. Logically, the quota limitation may not make sense and in fact, the quota should be increased and hopefully, it will be in the next Congress.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Congress has enacted laws to limit the numbers of immigrants to the United States. The Department of State publishes a list of priority dates. They control how many may immigrate each year.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The quota exists for categories of employment-based immigration (1st preference, 2nd preference, etc.) as well as for those applying from certain countries (i.e., China, Mexico, etc.) that usually outnumber other countries in terms of volume of applicants from those countries. This to ensure that the opportunity to obtain immigrant visas ("green cards") are somewhat evenly distributed and not used up in one category/nationals, etc.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Almost every immigration program has a specific amount of visas allocated to it; that is one way for the governments to control the number of people that are allowed to immigrate under various programs. Proponents of the programs are lobbying to increase the EB-5 visa cap in order to capture more individual investors who are willing and able to participate in the program.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The quota was set by Congress.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The quota is based upon the way the U.S. immigration laws are written. Congress, in representing the interests of the American people, historically has expressed its intention to protect American jobs and culture by artificially limiting the numbers of new immigrants into the United States. Every sovereign country has such immigration limits. In fact, in many ways, the United States is one of the most open countries when it comes to immigration. That said, limiting the number of investors and job creators coming into the country does not make much sense. Some Americans do not think it is right to allow foreigners to "buy green cards." Others are worried about fraud or money laundering. There are always competing interests and opinions in play in American politics and policy.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Congress sets rigorous levels. It has been over 25 years since these levels were set. For the EB-5 program, it is a total of 10,000 including derivatives, and since there are on average about three people in a family, the annual number of investor families admitted is about 3,000. The United States admits about 1 million immigrants annually, of which about 15 percent are based on employment skills in short supply and unique contributions, such as extraordinary accomplishment, or the very few for investment.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, there are per country limits, like all other employment-based visas.

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