Stephen Yale-Loehr, President Emeritus, IIUSA; Of Counsel, Miller Mayer, LLP; Adjunct Professor Immigration Law, Cornell University Robert C.
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2 Stephen Yale-Loehr, President Emeritus, IIUSA; Of Counsel, Miller Mayer, LLP; Adjunct Professor Immigration Law, Cornell University Robert C. Divine, Vice President, IIUSA; Head of Immigration Practice, Baker Donelson Bearman Caldwell & Berkowitz (former USCIS General Counsel and Director)
3 Michael Homeier, Founding Shareholder, Homeier & Law, P.C.; EB-5 Securities Expert Charles Oppenheim, Chief, Visa Controls and Reporting Division, U.S. Department of State
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5 The following advisory is based strictly on the current demand situation. Since demand patterns can (and sometimes do) change over time, this should be considered a worst case scenario at this point. It appears likely that a cut-off date will need to be established for the China Employment Fifth preference category at some point during second half of fiscal year Such action would be delayed as long as possible, since while number use may be excessive over a 1 to 5 month period, it could average out to an acceptable level over a longer (e.g., 4 to 9 month) period. This would be the first time a cut-off date has been established in this category, which is why readers are being provided with the maximum amount of advance notice regarding the possibility. The above projections for the Family and Employment categories are for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time. Those categories with a Current projection will remain so for the foreseeable future, with the possible exception of the China Employment Fifth preference category mentioned above.
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7 C5 Employment creation outside a targeted area ($1,000,000 stand alone/10 direct jobs per investor) T5 Employment creation in a targeted rural/high unemployment area ($500,000 stand alone/10 direct jobs per investor) I5 Investor Pilot Program in a targeted area ($500,000 Regional Center affiliated/10 direct, indirect & induced jobs per investor) R5 Investor Pilot Program not in a targeted area ($1,000,000 Regional Center affiliated/10 direct, indirect & induced jobs per investor
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11 Visa Availability. There are approximately 10,000 US visas [available] reserved each year [in] to the EB-5 immigrant visa category. Furthermore, within the overall EB-5 category, sub-categories exist as to the portion of the total number of visas allowable to immigrant investors from each foreign country, meaning that there is a ceiling on EB-5 visas for each country. The U.S. Department of State ( DOS ) has [not] never yet issued [that many] the total 10,000EB-5 visas in any year since the EB-5 category s creation in However, both the overall EB-5 Program and the [Pilot] Regional Center Program have [recently] experienced [an] a significant increase in usage in recent months that shows signs of accelerating rather than diminishing, and it is anticipated that the 10,000 number shall be fully used if not this year, then the next. If 10,000 visas are issued in any one or more years, or if more EB-5 investors qualify from a given country than is allowable under the annual per-country cap for that country, this could create a backlog in the EB-5 category. This means [a qualified] an investor from such country who otherwise qualifies for an EB-5 visa would not receive his/her conditional green card until [a] additional visas become[s] available in the following year. This could delay an investor s entry to the U.S. if he/she is engaged in consular processing, or the filing of his/her adjustment of status application if he/she is already in the U.S. If visa backlogs delay an investor s receipt of a conditional green card, this [will] could also delay the filing of his/her I-829 Petition, which in turn could negatively affect his/her ability to prove requisite job creation within the prescribed time frame and remove the conditions to permanent residency.
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