EB-5 Final Action Dates Explained

EB-5 investors and prospective investors will want to know how to read the visa bulletin’s Chart A: Final Action Dates for Employment-Based Preference Cases.

Within Chart A, the second to last row is for EB-5 non-Regional Center applicants and the last row is for EB-5 Regional Center applicants. The various columns with dates provided represent countries that have a visa backlog. Columns with “C” refer to countries that are current, or do not have a visa backlog.

The dates on the final action dates chart refer to priority dates. EB-5 applicants with a priority date that is earlier than the date listed may proceed in the visa process the same way applicants from “current” countries may be able to do so.

Applicants with current final action dates or priority dates earlier than the listed date for those applicants from Mainland China, India and Vietnam, are already qualified with an approved I-526 petition, and have already submitted their visa application may be able to claim a visa.

Thanks to Covid-19, many qualified EB-5 applicants will have to continue to wait for their visa due to the U.S. consulates and embassies being closed. The final action dates may advance for backlogged countries because only a few EB-5 applicants may be in a position to claim visas. EB-5 applicants living in the U.S. may be able to file an I-485 application to adjust status and proceed with the process. Once the U.S. consulates and embassies reopen, the final action dates may retrogress to account for this change.

To find out more about the rapid movement of final action dates this year and the overall impact of Covid-19 on the EB-5 industry, check out the upcoming IIUSA panel on June 16th featuring a talk with the Chief of the Visa Control and Reporting Division at the U.S. State Department, Charles Oppenheim.

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