Barbara Suri
Immigration AttorneyFor persons with Vietnamese citizenship, USCIS is currently processing applications with priority dates earlier than Aug. 1, 2014.
I live in Vietnam and I would like to do EB-5. I would like to know if there is already a backlog for Vietnamese investors now, or it is only for Chinese? If there is, what is the current wait time?
For persons with Vietnamese citizenship, USCIS is currently processing applications with priority dates earlier than Aug. 1, 2014.
Estimated wait time is about six years, but it may change in the future.
Vietnamese EB-5 green cards have retrogressed like the Chinese. Last time I had checked, they were both pushed back to 2014.
There are indications that investors from Vietnam may soon start experiencing delay just like in China, for example. The August 2018 Visa Bulletin shows both countries have identical priority date of Aug. 1, 2014. Thus, in the not-distant future, expect the waiting period to get longer by as much as four years.
The interest in EB-5 program and the appeal of Vietnamese desiring to immigrate to the U.S. has substantially risen in the last years. Thus, Vietnamese had the second highest number of nationals who obtained permanent resident status in the U.S now. Therefore, the current waiting time is approximately 30 months or more due to the current backlog.
The current guesstimate is about six years, but there are so many factors that could impact this and possibly make it shorter or longer.
Vietnam has a severe backlog and it can take many years before the visa would be available.
There is indeed a backlog for Vietnam. Currently it is forecasted at about six years, but that number may shift in the future.
So far, only for Chinese, but a cut-off date for Vietnamese case could be imposed at any time. See discussion in Ask Charlie.
Your wait time will depend on your priority date, which is the date your I-526 is acknowledged and received by USCIS. The exact time delay is difficult to predict, but you will be best served by a consultation with a qualified investment immigration attorney.
Unfortunately, Vietnam investors are also facing backlogs already. According to the visa numbers control chief of the State Department, the Vietnam visa quota is expected to retrogress four to five years. If you sign up now, you probably will not be able to come into the U.S. for at least that amount of time or more.
There is currently a backlog in visa availability for nationals of Vietnam. According to the August 2018 Visa Bulletin, visas are available for Vietnamese nationals with a priority date of Aug. 1, 2014, or earlier. Nevertheless, this date is subject to drastic changes, and it is advised that potential investors submit their I-526 petition as soon as possible to avoid further delay.
Regarding individuals born in Vietnam, there is an anticipated backlog and thus the proper response should be to file your I-526 petition at the earliest possible date. According to estimates, by Oct. 1 there will only be EB-5 visa numbers available for individuals born in Vietnam whose petitions were filed by January 2016. Thus, we can anticipate a backlog of approximately two years. Again, the sooner you file the better. The retrogression could be adjusted forward and backward during the course of the next fiscal year.
As of August 2018 Visa Bulletin listing, both nationals from Vietnam and China are subject to the same backlog dates for EB-5 (i.e., currently processing EB-5s with priority dates of 8/1/2014 and earlier).