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What happens if my EB-5 case gets into the visa retrogression?

In the first week of June, I received a letter from the National Visa Center confirming that they have received all my documents for my EB-5 visa application. By then, the priority dates for all Indian investors were current. But the newly released Visa Bulletin shows a retrogression. What should I expect now?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It means you should expect that your petition will be delayed just like anybody in your class who filed at the same time.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It depends on what your priority date is. The Indian retrogression mainly impacts newly filed cases. People like you should not have a very bad wait. Your case likely has a 2018 priority date. Here is what the State Department said in June for India: Continued heavy applicant demand is expected to result in the India employment fifth preference (EB-5) category approaching the per-country annual limit during July. This is likely to result in the imposition of a July final action date, and that date will be sometime in 2017. Then for August, India will become subject to the same final action date that applies to mainland China-born employment fifth preference applicants for the remainder of the fiscal year. Such action will only be temporary, with the EB-5 date for India most likely advancing to the summer or fall of 2017 for October, the first month of fiscal year 2020. Therefore, you will likely have a visa available sometime in fiscal 2020 that starts in October 2019 if you have a 2017 filing date.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Your case will be held in abeyance until additional visa numbers become available.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If your priority date is earlier than May 1, 2017, you should be OK and NVC should schedule an immigrant visa interview at your jurisdiction.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You would be subject to the delays of the retrogression, unfortunately. You will need to wait for the priority date to be current before the processing continues.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Need to wait until priority date is current. If you are in the U.S., be sure you maintain your non-immigrant status.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    You would have to wait for your priority date to be current.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There is not much to do at this stage other than sit back and relax. The I-526 stage is not subject to any backlog. Even mainland China-born investors' I-526 application gets processed on a first-come, first-served basis. As you know, they have a much more severe retrogression issue than the India-born applicants. Currently, the priority date USCIS is processing is May 1, 2017. By the time, your I-526 is approved that priority date is for sure going to come much closer to your I-526 filing date of June 1, 2019. It is very difficult to tell as to how long the I-526 approval will take. USCIS has published average processing times of 29 to 45.5 months. If in fact, it does take that long for your I-526 to be approved, it is still possible that by that time they could shift the priority date to your filing date of June 1, 2019, and you do not have to experience any further wait.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    You will most likely be impacted by retrogression, depending on your priority date. In July the India/EB-5 Visa Bulletin goes to May 1, 2017. If your priority date is earlier than that, you can seamlessly continue with the process. If it is after that date, you will need to wait until your date is reached to complete the process. The good news is if you have children, they will continue to be protected by the Child Status Protection Act (CSPA), assuming you paid the visa fee bills.

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    Charles Foster

    Immigration Attorney
    Answered on

    Unfortunately, until your immigrant visa is issued, you are subject to retrogression. All you can do is proceed through the National Visa Center so that you have completed that process, and in turn once a visa number is available, the appropriate American consulate in India can schedule you for your final interview.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If your priority date is current, you will proceed with NVC. If it not, you will wait until it becomes current.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    All you can do is to wait for your priority date.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    So if the DS-260 and all documents are already in, you might be OK. Retrogression affects the ability of an applicant to even submit their documents, so you may have snuck in at the last second!

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