05 Apr EB-5 Updates: Visa Processing after Re-Start of EB-5 Regional Center Program
Washington, D.C., April 4, 2022: Based on our docket of several thousand EB-5 visa petitions, Donoso & Partners provides below some notes regarding our office’s recent processing experience for EB-5 visas based on regional center investments after the re-start to the EB-5 program on March 15, 2022:
- Donoso & Partners is preparing I-485 Adjustment of Status applications for eligible investors.
- We have been notified by email several times that the USCIS has notified an approval to the National Visa Center (Department of State).
- The Department of State, however, has not overtly taken any steps to schedule new EB-5 visa appointments.
- Donoso & Partners believes the key is that the Department of State has not updated the April 2022 visa bulletin. EB-5 visas remain unavailable in the April visa bulletin. As stated in Note D to the April visa bulletin, the Department of State has not accurately determined the number of EB-5 visas actually available from now until the end of the current federal fiscal year. The March 2022 visa bulletin indicated that EB-5 regional center visas had been shifted over to the EB-2 India cap during the lapse in the EB-5 regional center program – and now had to be returned to the EB-5 classification after the program re-started on March 15, 2022.
- The Department of State may need most of the month of April to determine this key point.
- Donoso & Partners estimates that the earliest that new EB-5 visa interviews will be scheduled at U.S. Consulates will be towards late June of 2022.
- Despite the uncertain number of EB-5 visa petitions that will be determined in the (eventual) update to the April 2022 visa bulletin, USCIS has indicated that it is accepting I-485 Adjustment of Status applications for eligible EB-5 investors during April 2022 using “List B” Dates for Filing.
Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of donosolaw.com.