On Jun 19 2019 by Anusree Nair
India EB-5 Backlog FAQs
The EB-5 Reform and Integrity Act of 2022 brought many changes to the EB-5 program. For the latest information, please click here.
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.
- Why are there visa backlogs?
- When is the backlog supposed to hit?
- I was born in India but am a citizen of Canada, will I still be subject to the backlog?
- I was born in India but my spouse was born in UAE, will I still be subject to the backlog?
- 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?
- Can I “port” my EB-2 or EB-3 Priority Date to my EB-5 Petition?
- At what point of the EB-5 process am I safe from the backlog?
- Can you provide more details on when I can obtain my green card after the EB-5 visa backlog hits.
- When can I apply for my conditional green card or EAD/AP after the backlog is established?
- Is there any benefit in applying for my DS260 or Consular Processing as soon as my priority date becomes current on Chart B?
- 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?
- Will filing a DS260 or Adjustment Application under Chart B protect my aging-out child?
- 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?
- 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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