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WILL THE NVC KEEP PROCESSING EB-5 VISA APPLICATIONS BASED ON APPROVED REGIONAL CENTER EB-5 PETITIONS?

Can we expect the National Visa Center to keep processing visa applications if they are based on approved EB-5 applications for the EB-5 regional center program?

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Yes, you can.

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    Ignacio Donoso

    Immigration Attorney
    Answered on

    Please bear in mind that the following response only applies to the EB-5 Regional Center program. It does not apply to the EB-5 Direct program, which has not lapsed and is now operational at the $500,000/$1,000,000 investment thresholds. During the lapse in the EB-5 Regional Center program, the National Visa Center (NVC) will generally hold in abeyance approved EB-5 I-526 petitions based on Regional Center investments, and will thus not proceed with these cases until the renewal of the EB-5 Regional Center program. Accordingly, during the lapse, the NVC will not schedule new consular interview appointments for EB-5 Regional Center petitions. The NVC will also not issue new fee bills for approved EB-5 Regional Center I-526 petitions. If an investor already received fee bills, the fees may be paid to the NVC and the investor''s counsel may send civil documents to the NVC. The NVC will not, however, move forward on that case until the EB-5 Regional Center program is renewed. U.S. Consulates will not proceed with consulate appointments for EB-5 green cards if the petition is based on an investment in a new commercial enterprise affiliated with a Regional Center until the EB-5 Regional Center program is renewed.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The NVC is particularly slow in processing and is also already massively backlogged. NVC may accept documents on pending cases but will not be scheduling interviews for RC cases until the extension is passed. They will only be scheduling for direct cases.