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For Chinese EB-5 applicants, will the C5 and T5 categories have the same final action date as I5 and R5 in the new visa bulletin?

The May 2022 visa bulletin indicates that for China mainland born, the C5 and T5 is current while regional center is backlogged as 22 Nov 2015. And I noticed that it says: It may become necessary to establish a China-mainland born final action date and application filing date for the C5 and T5 categories as early as June to keep number use within the maximum allowed under the FY-2022 annual limits if sufficient demand materializes. What is exactly to “establish a FAD for C5 and T5”? Suppose that we have reached the annual limit in June, does it mean C5 and T5 will fall back to the SAME date as regional centers (aka somewhere around 22/Nov/15)? Or the FAD date for C5 and T5 will just be pushed back a little bit but not as far as 2015? In short, if both non-regional and regional have backlogged FAD in next months, will the FAD be the same date?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    First, remember that each country gets only 7% of the annual quota and China has relied on leftovers from other countries to meet its demand for most of the past. The statement "It may become necessary to establish a China-mainland born final action date and application filing date for the C5 and T5 categories as early as June to keep number use within the maximum allowed under the FY-2022 annual limits if sufficient demand materializes" means exactly what it says - the China direct program appears to have a window to file now in April and in May but will likely close in May because of demand. For those planning to file, it makes sense to submit your application before the end of May, especially if you are hoping to file a concurrent or one-step application. It is not clear whether China C5 and T5 will have the same cut-off date as the Regional Center program. It appears DOS and USCIS may not distinguish between these various categories with each having its own separate waiting line.