Are Hong Kong applicants subject to an EB-5 backlog? - EB5Investors.com

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Hong Kong has its own separate quota from China.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

You may benefit from cross-chargability and use your husband&#39s citizenship, as only mainland China is subject to backlogs.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

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

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

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.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

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

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

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&#39s 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.

Stephanie Lee

Stephanie Lee

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Same as mainland.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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

Mitch Wexler

Mitch Wexler

Immigration Attorneys
Answered on

No.

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