Based on which date is the EB-5 I-485 priority determined? - EB5Investors.com
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Based on which date is the EB-5 I-485 priority determined?

I am an EB-5 applicant from mainland China with the priority date in September 2015. I filed my I-485 petition in September this year, and the application was received by USCIS on 9/22/2022 (as indicated by the I-797 I received). The September EB-5 visa bulletin for Chinese nationals is 12/22/2015. However, the October visa bulletin regressed to 3/22/2015. My question is, when they review my I-485, would it be based on the September visa bulletin dates, which means I am current? Or will it be based on the visa bulletin of the month they are reviewing my case, which means I need to wait until my priority date is current again?

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Answers

Daniel A Zeft

Daniel A Zeft

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The priority date must be current when the I-485 application is filed and when USCIS adjudicates the I-485 application.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Unfortunately, there has been retrogression in your category. The adjustment will not be adjudicated until your priority date is current, so it is based on the visa bulletin of the month they are reviewing your case, which means you need to wait until your priority date is current again under the final action date.

Lynne Feldman

Lynne Feldman

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Answered on

Visa Bulletin and your Priority Date matter at two different times: (i) on the date of filing the I-485 (Visa Bulletin will say which chart applies Filing Date Chart or Final Action Date chart), (ii) at the time of I-485 adjudication your Priority Date must be current under the Final Action Date chart.

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