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In July to September 2022, over half of I-526 adjudications were denials. Meanwhile, in-process regional center investors who do not yet have visas represent at least $23 billion dollars currently at work in the U. economy. EB2-1 485 case remains pending?? | Lawfully. Regional center applicants represent over 90% of the EB-5 backlog, and lack legal basis to get visas until the law changes to provide reauthorization and/or grandfathering. This number reflects market potential for EB-5 outside of backlogged countries, and is also the variable factor determining visa supply for China. IPO has the resources to get better. If only legislative change can put us on the path of positive relief, and a sustainable and productive future.
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The industry needs to make all possible concessions to get the regional center program reauthorized as soon as possible, so that RC visas can be issued again as soon as possible. I will now share some recent I-526 information from a source that I cannot name but believe to be solid. I considered a possible innocent explanation for falling I-526 completion rates: USCIS has been working since July on direct EB-5 cases, which they usually RFE before approving or denying, and the direct EB-5 inventory is relatively small. Group Permissions, Undo Delete and More. 1 years for I-485, and 7. Available visas were not issued to available demand due to COVID-19, regional center program expiration, and long-standing processing problems. People trying to calculate future market potential may be concerned to see the "Other Countries" row hitting a plateau in I-526 filings and visa numbers since 2017, even in absence of any visa constraint.
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The above data is from a leak that I am delighted to report, as someone concerned about my clients' future and EB-5 program integrity. More I-526 were filed in the last week in June 2021 than in the entire previous year and half. For detailed analysis, see EB5 Sir's recent posts. A "current" final action date in December 2021 reflects low demand and high supply at the visa stage as of December 2021, and applies to people who have visa/I-485 processing nearly complete as of December 2021. Here are some theoretical possibilities for making the reserve visas law turn out less bad for our past clients than it could be. Despite what the EB-5 Reform and Integrity Act said, the published FY2023 annual limit for EB-5 visas is exactly and only 7. Except FY2020, when everyone got constrained by COVID-19. Telegram group owner left. 2022 was naturally confusing for the Visa Office, which had to deal with a mid-year law change and leadership change. To understand what a merely-FIFO queue for EB-5 visas would look like, it's necessary to think about the distribution of the 80, 000+ people currently queued up for an EB-5 visa (either already at the visa stage, or on the way at USCIS). I-829 productivity plummeted into 2018/2019, suggested a nice recovery trend in 2020 even under pandemic conditions, and then started falling again in 2021. The story is particularly sad for applicants from China, who could have theoretically gotten up to 15, 000 leftover EB-5 visas this year (about 20, 000 quota total minus about 5, 000 visas required to satisfy rest-of-world demand at the National Visa Center).
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I have not been told yet how the I-526 inventory divides between direct and regional center cases, but by historical averages it's possible that only about 1, 000 direct I-526 remain to be adjudicated. Doing this equation quarter by quarter (as I do in a table below), shows discrepancies every quarter. Their sympathetic attention illuminates the magnitude and the systemic nature of problems, which is useful but less encouraging. It would be interesting to know whether any/many of the older I-526 actions in July 2021 were on Chinese cases. There's a large reported range in the time it takes USCIS to collect and report biometrics (fingerprints). In the year shown in the slide example, the number of leftover visas for the oldest (Chinese) priority dates falls from 5, 200 to 1, 670. I was glad to see that I-829 receipts caught up in January to March, compensating for an artificially low previous quarter. My 485 was transferred to NBC from Nebraska on 3/17/22 and didn't receive any RFE. This exercise highlights ambiguities and room for interpretation. Lawmakers may assume that by making about 10, 000 EB-5 visas available, they have incentivized about 10, 000 EB-5 investments annually. In the near term, that on-going status quo is good news for anyone in EB-5 who isn't an in-process EB-5 applicant born in China, India, or Vietnam. That is no surprise, considering that direct EB-5 has historically accounted for less than 10% of EB-5 demand from Chinese, and that USCIS's slow-walking of Chinese I-526 processing under the visa availability approach has prevented many applicants from reaching the visa stage. Case remains Pending | Lawfully. Under the new law, regional center termination means that good faith investors in the terminated regional center lose eligibility in 180 days unless (1) the investor's NCE manages to switch sponsors and secure affiliation from a different still-authorized regional center (practically a fraught and expensive undertaking) or (2) the investor makes a new investment (yikes). This is about delivering tools to our workforce to efficiently and effectively adjudicate cases and reduce processing times. "
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USCIS will accept input on the issue of whether the I-956G filing requirement should be deferred to December 2023 based on input from Stakeholders that much of the information is duplicative with the I-956 being filed in December 2022. EB2 to EB3 downgrade info. Meanwhile, there are probably at least 1, 000 direct EB-5 investors with I-526 pending at USCIS (considering the total pending inventory of about 13, 000). In 2016, DHS estimated that the average regional center project had 15 EB-5 investors, while large projects in 2016 were associated with just a few regional centers. Of course, pending applicants do not want reserved visas to be prospectively available only to incoming I-526. Oh how I miss reporting good news. EB-5 visa issuance in FY2022 was as high as it was thanks to an unprecedented high number of status adjustments (37% of the total, as compared with 17% in 2019). The Visa Bulletin only monitors and controls the later visa stage, not the queue on its way to the visa stage. As in 2019, the top users in 2022 were (in descending order): China, India, Vietnam, South Korea, Brazil, and Taiwan. I hear the I-485 questions but I don't know how to answer them. …I think that there likely will be a need for technical corrections. Most of my friends concurrently filed on June or July last year, and their cases were transferred to NBC from Nebraska already got their GC last month. What if owner leaves telegram group. Points I note from the unofficial data. Creating New Reserved Visa Categories: The new law creates three new EB-5 set-aside categories: 20% rural, 10% DHS-designated high unemployment, and 2% infrastructure.
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I have not yet been given I-829 data or staffing data, so I can't tell whether the I-526 loss is temporary, and whether it is balanced by gains for I-829. We decided to spice this process up a bit by improving our animation algorithms and adding an ultra-light thumbnail to each photo and video: From now on, every photo you receive will start its life as an obscure blur instead of an empty square. To interact with the data and see source citations, access the Excel file of Key Backlog data linked to my EB-5 Timing page. Processing times naturally result from the size of the I-526 inventory, the quantity and productivity of resources assigned to I-526 adjudication, and the order of I-526 adjudication. RIA Implementation, Reserved Visas, and Country Caps. What will happen to EB-5 processing during the regional center program expiration/lapse? Multiple international bodies have thus called on Morocco not to extradite Aishan to China in accordance with the fundamental principle of nonrefoulement. Surely we must see more I-829 progress soon, unless EB-5-fee-funded resources are not being used to adjudicate EB-5 forms. USCIS has published Form I-956K, Registration for Direct and Third-Party Promoters. What happens if owner leaves telegram group. I'm ROW, located in NY.
Nikhil Wahi, the brother of the ex-Coinbase manager pleaded guilty in September to a wire fraud conspiracy charge. I] USCIS Policy Manual, Volume 6 Part G Chapter 1(A): "The Immigration and Nationality Act (INA) makes visas available to qualified immigrant investors who will contribute to the economic growth of the United States by investing in U. businesses and creating jobs for U. workers. I start with a focus on I-526 approvals, since that's what drives the EB-5 process. See also the article "Who are 'Promoters' and What Requirements Apply to Them Under the EB-5 Reform and Integrity Act? " And that's despite having (or at least, paying) more employees in 2022 than in 2017/2018. USCIS should want to empower prospective EB-5 users to judge upfront whether and when EB-5 could offer an opportunity to immigrate. Visa availability will be transparent and predictable. USCIS knows how many people are getting in line by filing I-526/I-526E, but USCIS has persistently refused to publicly report on I-526 filings/inventory by category or country. Right now there are only two for non-regional centers and regional centers. Probably overall demand at the $800, 000+ level will be lower than before, such that lower incoming demand will leave more visas unused and available to the China backlog eventually even above set-aside limits. 40, 000/1, 700=24 years. Maybe it was written by people who ignored the existing law conflicts on purpose, gambling that Department of State might choose to settle the conflict in favor of EB-5, start allowing a limited amount of EB-5 visa recapture for the first time in history, and start letting the EB-5 annual limit exceed its statutory maximum 7. 9/27/2022) in EB5 Investors Magazine.
See the base of this page for links to accepted channels of communication for submitting feedback. Congress did not, after all, pass the EAGLE Act or repeal country caps as part of FY2023 appropriations, which means that (for now) EB-5 visa availability remains constrained/protected by caps that limit any one country to 7% of visas in oversubscribed categories.
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