On Jun 19 2019 by Anusree Nair

India EB-5 Backlog FAQs

In its July 2019 Visa Bulletin, the Department of State established a visa cut-off date of May 2017 for EB-5 India.  In August 2019, the cut-off date for India is expected to retrogress to October 2014 (the visa cut-off date established for China).  Then, on Oct. 1, 2019, when numbers are released for the 2020 fiscal year, the cut-off date for India EB-5 is expected to jump forward to summer or fall of 2017.

I am receiving a lot of questions from clients and prospective investors about the India EB-5 backlog. Because there seems to be so much confusion about the backlog and impact on Indian Nationals, I’ve created an FAQ to address these questions.

For more information about the EB-5 process, some terminology used in this FAQ and the EB-5 Visa Backlog, please see our previous posts: EB-5 intro; EB-5 backlog.

  1. Why are there visa backlogs?
  2. When is the backlog supposed to hit?
  3. I was born in India but am a citizen of Canada, will I still be subject to the backlog?
  4. I was born in India but my spouse was born in UAE, will I still be subject to the backlog?
  5. My spouse and I were born in India but my children were born in Singapore, can we use their country of birth to avoid the visa backlog?
  6. Can I “port” my EB-2 or EB-3 Priority Date to my EB-5 Petition?
  7. At what point of the EB-5 process am I safe from the backlog?
  8. Can you provide more details on when I can obtain my green card after the EB-5 visa backlog hits.
  9. When can I apply for my conditional green card or EAD/AP after the backlog is established?
  10. Is there any benefit in applying for my DS260 or Consular Processing as soon as my priority date becomes current on Chart B?
  11. Is there any benefit in applying for my adjustment of status as soon as my priority date becomes current on Chart B AND USCIS is using Chart B that month?
  12. Will filing a DS260 or Adjustment Application under Chart B protect my aging-out child?
  13. When will USCIS use Chart B again? Can you guarantee that USCIS will allow EB-5 investors to use Chart B in the next year or in the next few years?
  14. Now that there is a Visa Backlog for India EB-5, should I file an EB-5 petition?

As I tell my clients, I am focused on the immigration part of their EB-5 process but I know that each person has a variety of other factors that they need to balance to determine if EB-5 is the right option for them. As an immigration attorney looking at only immigration aspects, I would still recommend EB-5 as an option for the following reasons:

  • If you are in the U.S. and able to apply for your adjustment application along with work authorization and travel permit, you could potentially eliminate the need to find a petitioning employer or be reliant on winning an H1B lottery or on a single petitioning employer.
  • EB-5 and EB-1s are still expected to have the shortest wait time for Indian-born applicants. As more and more Indian investors apply through the EB-5 program to seek relief from multi-decade waits in other employment-based categories, the EB-5 wait time will likely increase. Therefore, unless demand for EB-5 India decreases, the delay is likely to get worse as time goes on.

To read all the answers to the above questions about the India EB-5 backlog, click here to access the FAQ in full

 

The material contained in this article does not constitute direct legal advice and is for informational purposes only.  An attorney-client relationship is not presumed or intended by receipt or review of this presentation.  The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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