The June 2022 Visa Bulletin indicates that it established a huge backlog for Direct Investments of China-mainland-born investors.
I applied for EB5 in 2017. My I-526 is still not approved.
I made the investment in a Targeted Employment Area (TEA) and I am China-mainland-born.
So I am confused about the recent reform of EB-5 which sets set-aside sections for TEA areas. I have following questions:
1. For my case do I benefit from the reform that my old TEA investment is still categorized as those set-asides?
2. Since my I-526 has been pending for so long, what if the TEA now is no longer a TEA? e.g. the employment rate raises and does not fulfill the TEA standard for now.
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt is not yet clear how or if a prior TEA based on high unemployment will qualify for a high unemployment reserved set aside - the argument should be made with available TEA data.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyAs I understand the new regulations you should be fine but best to have your counsel look into your particular facts to be sure.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyThe law in effect at the time of filing governs.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.