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Why did the visa backlog happen and what are the solutions?

In the August Visa Bulletin, the priority date for India-born investors goes back to 2014. Why is it moving backward? I applied for EB-5 in October 2018 and my daughter was 20 years and 5 months old then. Will my daughter get a green card? It is very important to me that she gets a green card. Can something be done now?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Regression is an indication there is an over-subscription from the country in question. Since your daughter is already in the system, under the CSPA, her age has been frozen at "20 years 5 months" and she will remain so until the approval of your petition. As of now, you do not need to do anything. However, keep abreast of your processing with your attorney as further needs to be taken upon approval of the I-526 petition.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    It is moving backward because so many people from India applied and only 700 green cards (including family members) can be issued each year.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    If your daughter was under 21 when you submitted the I-526 and received an I-797 notice of receipt from the USCIS, then you don't have to worry about her getting green card. She will be included in your application regardless of the processing time.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Unfortunately, India-born investors are now subject to retrogression. Therefore, most likely your daughter will age out. When you applied for the EB-5 through filing your I-526 petition, back in October 2018 her age was frozen. However, once your I-526 is approved her age will be unfrozen. If you cannot file for adjustment of status, within seven months of your I-526 petition being approved, she will age out. That said, even though, the August Visa Bulletin is showing Oct. 15, 2014, as the priority date today, that is because the system operates. In any given year, after all the country-specific quotas are fulfilled, then adjustment of status applications revert back to the "first in, first out" method. Once the new quotas are available for next year, though, India-born applicants will most likely go back to the priority date that was published in the July bulletin, which was May 1, 2017, or thereabouts.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The end of the fiscal year is Sept. 30 and the Visa Bulletin frequently retrogresses, so there aren't too many visas issued, a maximum of 140,000 EB visas per year. October should be better.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Too many applications and not many available visas.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Unless the petition is expedited and approved and you can file forms DS-260 and pay the fee bill, (or maybe if she can legally file an I-485 to adjust), the prospects for her to be included are low. Each country only gets 7% of the annual quota allocation, or about 700 visas. Since we at the end of the fiscal year, they need to close the door. In October 2019 it will improve but most likely only with a 2017 final action date that is too early for you. If your petition is expedited and approved before the end of July, and she is in the U.S. in valid nonimmigrant status, she may be able to apply to adjust status. Not many petitions are being expedited.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It gets moved back because more people apply for the category than there are green cards available. There are some protections locking in your daughter's age at the time the I-526 was filed, but it is possible that the long delay here may outlast the protection. If the only goal was for her to be a green card holder, she can be the investor instead?

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    Charles Foster

    Immigration Attorney
    Answered on

    There are a number of reasons why there is retrogression and when the priority date goes back suddenly. Sometimes, it is simply a breaking procedure, as the fiscal year ends in September, to make sure that there's not an inadvertent issuance of too many visa numbers, under a particular preference or nationality. It's possible that come Oct. 1, the priority date for Indian nationals will go forward as well. Remember the time it takes for USCIS to approve your I-526 petition can be subtracted from your daughter's age. There's nothing that you can do, other than consider the possibility of having your daughter file another I-526 petition in her own name, while the minimum investment amount is still $500,000 and before it is raised, which is likely to happen in the near future.

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