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Questions & Answers

Is EB-5 retrogression for Indians limited to regional center investors or does it also impact direct investment?

Regional center projects have fewer risks, but the retrogression for Indian investors can add two to three years to the process, which I am trying to avoid. Is this the same scenario for direct investment investors?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Retrogression will affect both regional centers and direct EB-5, if/when it happens. It is best to apply sooner rather than later to take a place in line before others to establish your earlier priority date.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Unfortunately, if and when as expected it happens sometime this year, it will impact both direct investment and regional center investors.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Non-regional center cases from India are current. There is no backlog.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    In February 2019, there are no visas available to applicants in the regional center category, but there are visas available in the direct visa category.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The retrogression is applicable to both regional center and direct investment investors. Whenever there is a retrogression to a country, it is usually nationwide in scope without exception to any group of investors.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    The EB-5 retrogression for Indian nationals is not limited to regional centers but also could impact direct investors as well. However, it is not likely to have a backlog same as that for investors in regional center projects.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, all are in the same category as far as priority dates go.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Both direct and regional center EB-5s are affected by retrogression. The filing of the I-526 establishes the priority date, so it is important to "get in line" earlier rather than later if you are considering EB-5. Also, waiting to invest means more of a risk that the minimum amount of investment will be increased for EB-5.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    Retrogression can apply to both. They both draw from the same visa pool.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    When the Indian waiting line arrives, it will impact both categories.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    EB-5 of either kind is not currently retrogressed for Indians (well, RC visas are unavailable for everyone), but it is possible that those can retrogress too sometime in the future.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Retrogression would affect all Indian nationals regardless of processing through EB-5 investment via regional center or direct investment. Retrogression is based on nationality and category of filing (EB-5).

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