Questions and Answers > EB-5 Requirements

What is the restriction on the number of Chinese EB-5 applicants?

Isn''t there a limit on the number of Chinese applicants? If so, what is that limit?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on February 11, 2013

  There is no limit at present.

• Mahsa Aliaskari

  Immigration Attorney

  Answered on January 31, 2013

  There is no specific restriction for Chinese nationals. There is an overall quota of immigrant visas issued to all nationalities and there is a limit for each country of 7% of the worldwide level of visas allotted. Given the volume of Chinese applicants in comparison to other nationalities, there is a possibility that the limit for Chinese national is reached. This has not happened for any nationality in the EB-5 category in the past, however it is a possibility in FY 2013 as the use of the program increases. This would only result in delays with immigrant visas being issued, it does not mean that Chinese nationals would not be able to continue pursuing their legal permanent resident status (green card) through the EB-5 program.

• Roberto Ortiz

  Immigration Attorney

  Answered on January 25, 2013

  There are no restrictions on the number of visas for Chinese. However, every year there are a certain amount of available visas for each country. This past year the number of people from China applying for EB-5 visas has increased, which has caused for the number of available visas to diminish. If you have any other question, please do not hesitate to contact me.

• Philip H Teplen

  Immigration Attorney

  Answered on January 21, 2013

  There is no limit per se; although, all categories have an annual 20,000 limit beyond which a special quota category is created.

• Lynne Feldman

  Immigration Attorney

  Answered on January 21, 2013

  10,000 quota of EB-5 per year plus fall-down from other classifications. 7% per nationality if over-subscription.

• Jinhee Wilde

  Immigration Attorney

  Answered on January 17, 2013

  While the actual calculation method is more complicated as there are usage of unused visa numbers from other preference category, etc., a simple answer is that country limit for each country is approximately 7% of worldwide level of visa allotted to that category. For EB5, the total visa numbers are 10,000 per year. US State Department Visa Office recently announced that due to large increase of EB5 investors from China, it may be necessary to set up a cut-off date beginning April 1, 2013.

• Julia Roussinova

  Immigration Attorney

  Answered on January 17, 2013

  Per country limits exist. Generally, because Chinese market is currently the largest market from which EB-5 investors originate, there is a greater demand for EB-5 visas for Chinese nationals. It is anticipated that some backlog will occur for Chinese EB-5 investors in the second half of 2013 which may result in delays of processing of their immigrant visas to arrive in the United States until their priority date is current depending on when their I-526 petitions are received by USCIS.

• Steven Anapoell

  Securities Attorney

  Answered on January 17, 2013

  Its called retrogression. It maxes out at about 7,000 visas.

• David Katona

  Immigration Attorney

  Answered on January 17, 2013

  There is a limit on the number of EB-5 visas that can be issued in any one year but the cap has not been reached. So, Chinese nationals are still free to apply.

• Stephen Berman

  Immigration Attorney

  Answered on January 16, 2013

  Practically, the visa is current for China, there is no backlog.

• Taher Kameli

  Immigration Attorney

  Answered on January 16, 2013

  There are no restriction yet. They restriction may come at the end of this year.

• Anthony Ravani

  Immigration Attorney

  Answered on January 16, 2013

  There is no limit. It does not work based on national origin.

• Karen Weinstock

  Immigration Attorney

  Answered on January 16, 2013

  No, there is no limit right now.

• Lana Kurilova-Rich

  Immigration Attorney

  Answered on January 16, 2013

  Here is the information directly from the December 2012 Visa Bulletin on the possible cutoff date for the Chinese applicants for EB-5 visas: It appears likely that a cut-off date will need to be established for the China Employment Fifth preference category at some point during second half of fiscal year 2013. Such action would be delayed as long as possible, since while number use may be excessive over a 1 to 5 month period, it could average out to an acceptable level over a longer (e.g., 4 to 9 month) period. This would be the first time a cut-off date has been established in this category, which is why readers are being provided with the maximum amount of advance notice regarding the possibility. The above projections for the Family and Employment categories are for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time. Those categories with a ?Current? projection will remain so for the foreseeable future, with the possible exception of the China Employment Fifth preference category mentioned above.

• Mark Urbanski

  Immigration Attorney

  Answered on January 16, 2013

  There is no limit currently on the number of Chinese EB-5 investors, but if the total number of visas in the fiscal year exceed 10,000, then it is likely that priority dates (waiting times) will be established for Chinese investors.

• Sufen Hilf

  Immigration Attorney

  Answered on January 16, 2013

  Yes, there is a limit. I am not sure how the State Department calculates it. It is possible that around July or August this year, there will be a cut off date for EB-05 investors from China.

• Mona Shah

  Immigration Attorney

  Answered on January 16, 2013

  There is no numerical restriction on the number of Chinese EB5 applicants.

• Ed Beshara

  Immigration Attorney

  Answered on January 16, 2013

  There are per country limits.Therefore if there is greater demand from the Chinese investors than the permitted numbers for China then this fact will cause time delays for the Chinese Investor to be able to apply for the Conditional Permanent Residency. It is anticipated that towards the end of 2013 there will be these delays for the Chinese investor nationals.