How is the current situation in Hong Kong impacting the process for Hong Kong-born investors to get an EB-5 visa?

There isn&#39t any action that we are aware of being taken to count Hong Kong-born investors as mainland China-born investors for EB-5 purposes.

There is no option to speed up the process. It will be an extended period of time before you can obtain an immigrant visa from an EB-5 case.

Hong Kong-born investors are not counted in the same group. The earlier you apply, the sooner you get a decision on EB-5 case. There are certain limited expedited criteria for petitions or applications that can be reviewed by USCIS in its discretion on a case-by-case basis, but mostly for compelling situations. If you have a compelling case, it is possible to get an expedited outcome, but it is not guaranteed. Work with an experienced immigration attorney to represent you.

As of now, the USCIS is not counting Hong Kong residents together with China. Thus, it is advisable that Hong Kong investors apply now. While there may be an increase in petitions from Hong Kong as a result of both the impending increases in the required investment funds and the current crisis in Hong Kong, the fact is that investors from Hong Kong will not face the same retrogression like China investors.

You should file as soon as possible. The biggest impact would be more petitions will be filed and the minimum investment amount for many projects will be increased to $1.8 million as of Nov. 21, 2019. There is no way to effectively expedite.

I hear your concern, but we have not heard anything to that effect. Right now, Hong Kong-born investors are processing current. Should USCIS start lumping mainland China-born investors with Hong Kong-born investors, they would most likely grandfather investors who have already applied before such change.

USCIS will consider expediting an application in the following circumstances: severe financial loss to company or person; an emergency situation; humanitarian reasons; a nonprofit organization whose request is in furtherance of the cultural and social interests of the United States; Department of Defense or national interest situation originating from an official U.S. government entity; a USCIS error; or compelling interest of USCIS. You may ask your attorney to prepare this expedited service request. USCIS reviews all expedite requests on a case-by-case basis, and requests are granted at the discretion of the reviewing officer. So far there is no visa retrogression for applicants born in Hong Kong. Applicants born in China and Hong Kong will not be counted together in a foreseeable future.

No, you cannot speed up the process.