How does the recent visa ban impact EB-5 applications?
In the wake of the recent visa ban on Muslim-majority countries, can this impact the EB-5 application processing/approval? Currently, my I-526 petition is approved, but I am waiting for NVC processing.
There is no Muslim ban per se, but it is clear that for at least the next 90 days if you are from one of the designated countries - Iran, Iraq, Libya, Somalia, Syria, Sudan or Yemen - at the very least it would delay your appointment for your final interview. There is no reason why NVC processing could not continue, but it may or may not be delayed as well.
We have reviewed the Executive Order and while implementation guidance has not been provided, based on this document we offer the following initial analysis: if you are born in a targeted country and are outside of the United States with pending consular processing, at this moment you will not be issued entry visa to the United States. It is not yet clear how the Trump Administration would implement this order, so we caution that this is an early analysis. The ban will initially last for 30 days, but it is likely that for some countries it will be permanent. The list of targeted countries is Iran, Syria, Iraq, Libya, Yemen, Sudan and Somalia. The document says that, after the 30-day suspension of entry, the Department of State and Homeland Security will present a report of countries that do not provide enough information to the United States to ensure visa applicants from that country are not a threat. Those countries will be given 60 days to address those issues and comply with U.S. requirements. If they do not, a Presidential proclamation will be issued to ban all entrants from that country.
A lot of uncertainties here. The executive order only applies to restriction of travel to the United States, and does not address the ability to process for green card/permanent residence, etc. So, at present, without any further policy/procedural guidance, your processing for the immigrant visa at the U.S. consulate should not be affected. There most likely will be delays in processing caused by confusion at the administration level and extra security vetting, however.