How will the unavailable final action dates in the January visa bulletin impact my EB-5 application?

It is recommended that you file before Dec. 31, 2020, but since the EB-5 regional center program is being extended, there should be an update to the visa bulletin reflecting that EB-5 numbers for regional center cases are available again, subject to per country limits.

Make sure it is filed before the end of December; medical can be done later.

It should be really easy to complete an adjustment for one person; you should try and get it filed. However, the good news is an extension was signed for until June next year, so this provision of the visa bulletin applies. Only Vietnam and China have cut-off dates for January under the final action date. About the Employment Fifth Preference Categories (I5 and R5), if there is further legislative action extending this category, the December dates would continue to be applied, potentially for the remainder of the month. If there is no legislative action extending these categories for December and beyond, the category would be considered "unavailable" immediately. If there is legislative action extending this category for January, the final action date would immediately become "current" for January for all countries, except for China-mainland born, which would be subject to the Aug. 15, 2015, final action date, while for Vietnam, it would be subject to the Sept. 15, 2017, final action date.

An unavailable final action date means there is no visa available to grant to you, even if you are otherwise eligible. There are several requirements to make you eligible to file the I-485. Immediate availability of an immigrant visa is one of those requirements. Therefore, if there is no immigrant visa immediately available to you, you are not eligible to file the Form I-485. It is important that you remain in status until a visa becomes available to you. There was an extension to the Dec. 28, 2020, date. There are additional legislations pending to further extend the EB-5 program.

You need to file your I-485 by Dec. 29, 2020, or you are out of luck for an indefinite period. You need to tell you attorney to get on it and get it filed. You only need your birth certificate, marriage certificate, if married, eight photos, and the same for dependents. You can file without your medical exam. Please do not miss out. This advice is based solely on the facts presented and no attorney client relationship is contemplated.