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Why is the wait time longer for Chinese EB-5 applicants?

I am an EU citizen. The articles I read say there is a waiting time of six years to even get the EB-5 filing considered for Chinese applicants. Why is there such a long wait time for Chinese EB-5 applicants, but not EB-5 investors from other countries? Will I have to worry about a similar wait time in the near future?

Answers

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    The demand for EB-5 visas for Chinese investors has exceeded the fixed number of visas available to them. The number of visas available for Chinese investors are seven percent of the 10,000 visas allocated to the program, plus the unused visas from all other countries per fiscal year. As of right now, no other country is facing this issue.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The wait time is longer for China-born EB-5 applicants because of the immigrant visa quota system. There are only 10,000 EB-5 green cards available worldwide per fiscal year. Since China-born applicants use up the vast majority of EB-5 visa numbers, the supply for Chinese applicants must be kept in check so that there are visa numbers available for EB-5 applicants from the rest of the world. This is done by instituting a "cut-off date" each month (i.e., only applicants with priority dates before the cut-off date can receive an immigrant visa/green card for that month). Any country that uses a significant number of EB-5 visas could also see a cut-off date in the future. It is a supply and demand issue. Since it is unlikely that any other country, particularly any EU country, will demand such a high level of EB-5 visa numbers, there is little chance for a cut-off date being instituted in the near future.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The demand from Chinese investors for the conditional permanent residency status is greater than the country supply for these EB-5 visas for Chinese investors. As a result there is a substantial delay "retrogression" for the Chinese to obtain conditional residency. Other countries are currently not facing delays because their demand for EB-5 visas is low.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Demand. The waiting line is presently 27 months, but increasing.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The waiting period for Chinese EB-5 applicants is due to large number of applications from China. As an EU citizen, the Chinese situation will not affect your application. Reading articles is fine for informational purposes, but avoid interpreting them to your condition(s) unless they specifically relate to your situation. Advisably, consult an EB-5 attorney for clarification on your specific issues.

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    John J Downey

    Immigration Attorney
    Answered on

    The long wait for the Chinese investors has to do with the Department of State. They have country quotas for the issuing of visas. The Chinese quota has been used up for the fiscal year and now there is a backlog. The EB-5 participation by China accounts for over 80 percent of the investors. If you are from other countries, you need not worry at this point.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The demand for EB-5 visas for Chinese investors greatly outpaces that of all other countries. There has been no indication that other countries will be facing these kind of delays in the future. Please note that the processing time for the I-526 petition is the same for all applicants, but the delay referred to here is for the availability of the visa itself.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Due to the popularity of EB-5 cases, we have reached the 10,000 visa number quota in 2014 and again in 2015. When all the 10,000 visas are used up in a program, the per country quota of 7 percent kicks in, which means each country cannot have more than 700 of 10,000 available visas. According to the statistics released by USCIS and DOS, no other country in the world had over 700 EB-5 visa requests. Thus, no other country will suffer the visa retrogression unless their EB-5 visa demands increase to over 700 per year.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    Out of the total number of EB-5 applicants, each country is limited to a 7 percent maximum, per year, plus any additional numbers that will not be used by applicants born in all other countries combined. Depending on your country, no, you may not experience an extended wait.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    This is a complex issue involving what is caused by "retrogression," caused by the high number of PRC applicants. The place of birth is controlling and this is something you can discuss in detail with your investment immigration attorney.

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