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Are Hong Kong applicants subject to an EB-5 backlog?

Is Hong Kong considered an independent area when it comes to EB-5? If yes, are applicants from Hong Kong subject to any kind of EB-5 backlog? If not, how long does it take to process an application? My husband was born in Hong Kong, but I was born in mainland China and have Hong Kong permanent residency. Should we make my husband the principal applicant or does it not matter?

Answers

• Barbara Suri

  Immigration Attorney

  Answered on March 25, 2019

  Since Hong Kong is not considered mainland China, I would think that applicants from Hong Kong are not subjected to the mainland China backlog.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 25, 2019

  Hong Kong has its own separate quota from China.

• BoBi Ahn

  Immigration Attorney

  Answered on March 7, 2019

  Hong Kong-born applicants are not classified as part of the China backlog.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 7, 2019

  You may benefit from cross-chargability and use your husband's citizenship, as only mainland China is subject to backlogs.

• Mitch Wexler

  Immigration Attorney

  Answered on March 6, 2019

  No.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on March 6, 2019

  Hong Kong is not subject to the China mainland backlog. Either of you can be the principal applicant and successfully avoid the backlog.

• Stephen Berman

  Immigration Attorney

  Answered on March 6, 2019

  Same as mainland.

• Lynne Feldman

  Immigration Attorney

  Answered on March 6, 2019

  I believe that Hong Kong is still counted separately, but would need to research this. It does not matter who the principal is, as you can cross-charge to a spouse.

• Dale Schwartz

  Immigration Attorney

  Answered on March 6, 2019

  Hong Kong is treated as a separate country for quota purposes by our State Department. Best if the Hong Kong-born spouse applies, but it could be approved in either of your names and then the alternate chargeability doctrine would give visas to both of you under the Hong Kong quota. There is no backlog from Hong Kong right now and there is not likely one in the near future. Twelve to 24 months is how long it takes to process applications right now, but they seem to be speeding up, so it might not take so long for new applications if filed soon.

• Stephanie Lee

  Immigration Attorney

  Answered on March 6, 2019

  Mainland China will take the longest backlog, but Hong Kong and Macau are not included in that backlog.

• Julia Roussinova

  Immigration Attorney

  Answered on March 6, 2019

  Hong Kong applicants are subject to the same average processing times for I-526 petitions as the rest of the world. Backlogged countries, currently only China (mainland born) and Vietnam, experience longer waiting times to get an immigrant visa to enter the U.S. after I-526 approval. If your spouse was born in Hong Kong, your immigrant visa may be cross-charged to your spouse's place of birth when the I-526 petition is approved and you consular process for an immigrant visa. Alternatively, you can have your spouse be a principal EB-5 investor, depending on who possesses EB-5 source of funds and whether additional gifting transactions between spouses need to be done to document the source of funds, etc. Consult an experienced EB-5 immigration attorney to review the facts specific to your case and determine the best filing option for an I-526 petition.

• Marko Issever

  EB-5 Broker Dealer

  Answered on March 6, 2019

  Currently, there is no retrogression for Hong Kong-born citizens. Your husband should definitely be the principal applicant on the EB-5 application.

• Charles Foster

  Immigration Attorney

  Answered on March 6, 2019

  You can cross-charge to your Hong Kong-born husband who is not subject to the quota for mainland China. Thus, there is no EB-5 backlog as of this time.