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How does USCIS allocate the unused visas among EB-5 investors from backlogged countries?

I understand that USCIS will allocate the unused EB-5 visas to countries whose quota does not meet the demand from investors. But how does USCIS distribute these visas among investors from mainland China, Indian and Vietnam who are in the backlog? Do they distribute the visas equally or proportionally among these three regions based on some kinds of standards?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    They are allocated based on the filing date so earlier filers get preference.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Each month there is an update on the Visa Charts from the State Department, referring to the time delays for each country for the investors and family members to file their applications for the conditional permanent residency visas. However, based upon further calculations the time delays may be longer.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    First in first out, depending on where they are in the backlog.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    In practice, all that matters is the Visa Bulletin. When that date passes the priority date (filing the I-526 of the investors, they can move forward with their green card application.

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