My I-526 was approved in October 2016. My priority date is in September 2015. Based on the current processing times, how long should I expect to wait for my priority date to be current?
You will need to review the Visa Bulletin published by the U.S. Department of State each month. If you are born in mainland China, then you will have to wait for your Immigrant Visa Number to become current. If not, then you may file for adjustment of status in the U.S. (if in another lawful immigration status in the U.S.) or consular process for an immigrant visa at the U.S. embassy in your home country.
Priority Dates are published by the State Department in the Visa Bulletin. Further, these dates are typically grouped according to the nationality of each applicant. In the EB-5 program, unless you are from China, visas are currently available for all other countries.
Your priority date is the date the government accepted your I-526 petition for processing. If you were not born in China, or if your spouse was not born in mainland China, you do not have to wait for your priority date to become current to apply for your conditional green card. If you and your spouse were both born in mainland China, you will have to wait for your priority date to become current to obtain your conditional green card. Currently, the government is issuing visa numbers for Chinese investors whose priority date is earlier than June 15, 2014. Based on how slowly the numbers have been moving, it could take a few years for your priority date to become current. The Department of State publishes a Visa Bulletin every month.
Every month, the U.S. Department of State issues a Visa Bulletin that provides updated priority dates. Reviewing the monthly bulletin will result in a better understanding of time frames for the priority dates for the respective visa classifications.
You may check your priority date by checking the Visa Bulletin issued monthly by the U.S. Department of State. Your priority date is only relevant as of today for EB-5 investors who were born in China. The priority date is the date your I-526 petition was filed.
If you were born in China, your priority date is not yet current. It is difficult to predict when the China national EB-5 cutoff date will advance from June 2014 (where it is this month) until to September 2015 (your priority date). At the rate of movement during the past year and, assuming Congress does not provide any relief in terms of adding more immigrant visa numbers or changing the way the immigrant visa numbers are currently allocated (i.e. one per person instead of one per investor/family), it is unlikely that your priority date will become current within the next two years.
You should check the online each month to determine whether your priority date is current.
You can check online to see if your priority date in your category/nationality is current. If you are a Chinese national, you are subject to waiting until your priority date is current.
You need to check the State Department Visa Bulletin which is published about the middle of every month. If you were not born in mainland China, then you are current and ready to be scheduled for a final interview. For Chinese nationals, there is a waiting line and the cut-off date is June 2014. It is moving slowly so, unless the Cornyn Bill is passed, expect to wait a few years.
According to the August Visa Bulletin, the EB-5 category is current for all nationalities except China. The Department of State is currently processing Chinese EB-5''s filed before June 15, 2014. If you are a Chinese national, you should check the Department of State Visa Bulletin monthly to see when visa numbers are available for you and your family.
Every month, the U.S. Department of State updates the Visa Bulletin. The Visa Bulletin indicates the dates in each category, which you will be able to determine if your priority date is current. You can file if your priority date is prior to the date list under the "Final Action Date" chart, but not if it is the same date or later. Now, under the EB-5 category, only Mainland China has a "cut-off " date. All other countries are "Current " and can apply for the green card right after approval.
It depends on what country you are from. Use Google to look up State Department Visa Bulletin. Click on the latest one (August 2017) and check the category for EB-5.
You should be checking the Visa Bulletin each month. If you are from anywhere other than China, your Priority Date of September 2015 should be current.
