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?
The distribution of unused visas among China, India and Vietnam is done by the U.S. State Department, Bureau of Consular Affairs, Immigrant Visa Control and Reporting Division. The formula for distribution is not standardized and based on the number of pending petitions from each of the three countries. The information is reflected in the monthly Visa Bulletin issued by the State Department although the cut off point largely depends on the number of petitions in the queue. That is why each of these countries ends up with priority dates that appear to move advance back and forth in the Visa Bulletin.
They are allocated based on the filing date so earlier filers get preference.
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.
First in first out, depending on where they are in the backlog.
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.
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.