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Questions & Answers

Why does the visa bulletin say unauthorized for EB-5 regional center programs?

I saw that on the October visa bulletin published by the U.S. Department of State, the final action dates for the EB-5 regional center program is listed as unauthorized. What does it mean? How does it affect investors with approved I-526?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The visa bulletin changes every month, and for November the EB-5 regional center category is open for applicant filings.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That was due to the late renewal of the program in September. The October bulletin was already issued before the renewal kicked in. The I-526 can still be processed and approved. You just cannot file for the green card while "unauthorized."

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The EB-5 program was extended until Sept. 30, 2019. So this is reflected in the October visa bulletin. However, this was resolved and reflected in the November visa bulletin with the new regulation.

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    Jan Pederson

    Immigration Attorney
    Answered on

    It means unavailable.

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    Charles Foster

    Immigration Attorney
    Answered on

    Investors with approved I-526 petition must still wail until a visa number is available under the quota for one's country of birth.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It means the adjustment stage is unavailable for that month only.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Because the regional center program expired and Congress had to extend it. If you check the November Visa Bulletin, you will see the current dates.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Because the program is getting short expansions and needs to be reauthorized. This is resolved in the November Visa Bulletin.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The reason is that because the EB-5 new regulations are going into effect on Nov. 21, 2019, visas will not be available under the current rules that are going to sunset on Nov. 21, 2019. Since the visas will not be available and the USCIS is not authorized to issue any visa under the current rule, which is about to sunset. It does not mean you are not entitled to a visa at all; it just means you can obtain a visa under the new regulations. Advisably, consult your attorney to ensure your filing is done correctly as soon as possible.

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