Why are visas for the EB-5 regional center program still unauthorized for December even though the program has been extended? - EB5Investors.com

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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."

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.