Questions and Answers > EB-5 Legislation

Why are visas for the EB-5 regional center program still unauthorized for December even though the program has been extended?

The visa bulletin still says “U”, which means unauthorized, for the EB-5 regional center program, even if it has been extended till the end of this year. Why is it? Could we expect the December visa bulletin to be updated before the program expires again?

Answers

• Dale Schwartz

  Immigration Attorney

  Answered on November 26, 2019

  Because the State Department is behind. Since the program was only reauthorized through Dec. 20, they cannot clear them past that date. USCIS may let you file the I-485 before Dec. 20.

• Ed Beshara

  Immigration Attorney

  Answered on November 26, 2019

  It is anticipated that the EB-5 regional center category for EB-5 visa applications should be current and available in the following month.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 26, 2019

  They have done this every time we get a short term extension. Because the DOS chart needs to be updated before the calendar flips, they often do not have a word of a continuing resolution by the time it needs to post, so we get a month of unauthorized.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 26, 2019

  The visa bulletin is complicated. You need to read all of it, including section D, which states that "the final action dates for the I5 and R5 categories have been listed as unavailable for December. If there is legislative action extending the categories for FY 2020, the final action dates would immediately become current for December for all countries except China-mainland born I5 and R5, which would be subject to a November 15, 2014 final action date; India I5 and R5, which would be subject to a January 1, 2018 final action date; and Vietnam I5 and R5, which would be subject to a December 1, 2016 final action date."