EB-5

US: USCIS Proposes Significant Increase in EB-5 Investment Minimums and Other Program Changes

In a proposed rule published today, U.S. Citizenship and Immigration Services is seeking to make significant changes to the EB-5 immigrant investor program, including higher investment minimums and exclusive federal authority to designate Targeted Employment Area (TEAs), the rural and high-unemployment areas that qualify for EB-5 investment at lower thresholds.

Key provisions of the proposal are summarised below.  USCIS is accepting public feedback on the rule through April 11, 2017.

USA: February 2017 Visa Bulletin: Some Advancement in Final Action Dates for EB-2 China, EB-3 India and China

According to the State Department’s February Visa Bulletin, immigrant visa availability dates for final action will advance by one month for EB-2 China, to November 15, 2012, while EB-2 India will remain at April 15, 2008.

The EB-3 subcategory for professionals and skilled workers will advance by three weeks for China, to October 1, 2013; one week for India, to March 22, 2005; nearly three months for the Philippines, to October 15, 2011; and two months for all other countries, to October 1, 2016. The EB-3 other worker subcategory will advance by one week for India, to March 22, 2005; nearly three months for the Philippines, to October 15, 2011; 

US: September Visa Bulletin

USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action according to the State Department’s September Visa Bulletin.

US: August 2016 Visa Bulletin

According to the State Department’s August Visa Bulletin, cut-off dates for final issuance of an immigrant visa will be imposed for EB-1 India and China and for EB-2 Worldwide, as projected last month.  The cut-off dates for EB-1 India and China have been set at January 1, 2010, while the cut-off dates for EB-2 Worldwide have been set at February 1, 2014. According to the State Department, it was necessary to implement this retrogression given the high demand for classification in these categories.  It anticipates that these categories will be current again in October, the first month of fiscal year 2017.

United States: July visa bulletin update: USCIS to honor employment-based final action dates only next month

USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action according to the State Department’s July Visa Bulletin. 

United States: July 2016 visa bulletin: Modest advancement in EB-2 and EB-3 India while China largely holds steady to June dates

According to the State Department’s July Visa Bulletin, there will be modest advancement in the cutoff dates for final issuance of an immigrant visa for EB-2 and EB-3 India next month, while these cutoff dates for China will remain largely unchanged, as projected last month.

US: June Visa Bulletin update

USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action according to the State Department’s June Visa Bulletin. 

Employer-sponsored foreign nationals with a priority date that makes them eligible for filing, but not final action, will not be able to submit an adjustment application next month

USA: USCIS seeks immigration filing fee increase

The Department of Homeland Security is proposing increases in the filing fees for many USCIS petitions and applications. The proposed regulation would raise the fees for most employment-based petitions and applications by an average of 21%, though fee increases for some filings would be significantly higher. According to DHS, the higher fees reflect the current cost of processing immigration applications and petitions; some portion of the increased fees would provide additional funding for refugee and citizenship programs as well as system support for inter-agency immigration status verification databases.

US: April 2016 Visa Bulletin

According to the State Department’s April Visa Bulletin, the cut-off date for final issuance of an immigrant visa will advance by one month for EB-2 China, to September 1, 2012, and by three weeks for EB-2 India, to November 8, 2008. 

Final action cut-off dates for EB-3 professionals and skilled workers will advance by two and one-half months for China, to August 15, 2013; by three weeks for India, to August 8, 2004; by six weeks for the Philippines, to May 1, 2008; and by six weeks for all other countries, to February 15, 2016. Final action cut-off dates for EB-5 China, in both the Regional Center and non-Regional Center programs, will advance by one week, to February 1, 2014.

US: March visa bulletin update

USCIS has determined that, next month, it will only accept employment-based adjustment of status applications from foreign nationals with a priority date that is current for final action according to the State Department’s March Visa Bulletin. 

Employer-sponsored foreign nationals with a priority date that makes them eligible for filing, but not final action, will not be able to submit an adjustment application next month, despite the State Department announcing significant advancements in the cutoff dates for filing eligibility.  

US: March 2016 Visa Bulletin: EB-2 India and China final action dates will advance again

According to the State Department’s March Visa Bulletin, the cutoff date for final issuance of an immigrant visa will advance by five months for EB-2 China, to August 1, 2012, and by six weeks for EB-2 India, to October 15, 2008. 

Final action cut-off dates for EB-3 professionals and skilled workers will advance by eight months for China, to June 1, 2013; by one month for India, to July 15, 2004; by just over two months for the Philippines, to March 15, 2008; and by three months for all other countries, to January 1, 2016.  Final action cut-off dates for EB-5 China, in both the Regional Centre and non-Regional Centre programs, will advance by one week, to January 22, 2014.