Washington, D.C., September 9, 2022: USCIS announced today that it would allow persons to use List B Dates for Filing during October 2022.

This announcement is significant because the October 2022 Visa Bulleting just released announced visa retrogression in several visa categories.

List B Dates for Filing, however, offered slight advantages for eligible applicants.

For example, the EB-5 List A Final Action Date cut-off is November 8, 2019, for India’s unreserved visa category (comprised of visa petitions filed before March 15, 2022 or new visa petitions that are at the $1,050,000 investment threshold). The List B Dates for Filing cut-off however is slightly more advantageous: December 8, 2019.

USCIS has therefore allowed Indian-born investors eligible to file Adjustment of Status under List B to move forward with their applications.

Chinese EB-5 investors face a similar situation and are similarly benefitted. The List A Final Action Date for persons born in China is March 22, 2015 for the unreserved category of EB-5 visas. The List B Dates for Filing is slightly more advantageous: January 1, 2016.

It is critical to recall three important points:

1.- If the priority date is before the cut-off date for either List A or List B, then your visa process will proceed without delay.

2.- If your priority date is after the cut-off date for the October 2022 Visa Bulletin’s cut-off dates, applicants for Adjustment of Status can still file their Adjustment of Status applications prior to September 30, 2022.

3.- There is no waiting list for new EB-5 visa petitions filed in relation to investments in Rural areas, High Unemployment Areas and Infrastructure projects for any country in the September 2022 or October 2022 Visa Bulletins. This means that new EB-5 visa petitions filed presently are not subject to a visa processing waiting list for Consulate appointments, and remain eligible for simultaneous filing of the Form I-526E visa petitions with I-485 Adjustment of Status.

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.