January 2021 Visa Bulletin: 2-Week Advancement for Vietnam EB-5 Dates while No Movement for China Dates

12.29.20 | Government Affairs, Research & Analysis | EB-5 Investor Markets

The U.S. Department of State has published the monthly Visa Bulletin for January 2021.

EB-5 FINAL ACTION DATES (CHART A)

The EB-5 Regional Center category is listed as “U” (“unauthorized”) on the January Visa Bulletin due to the fact that the EB-5 Regional Center Program was set to expire on December 28, 2020. However, on December 27, 2020, President Trump has signed the Consolidated Appropriations Act, 2021 (H.R.133) which, among many other legislative actions, extends the EB-5 Regional Center Program through June 30, 2021.

With the congressional reauthorization, the final action dates for the EB-5 Regional Center category become the same as the dates for the non-EB-5 Regional Center category, which are:

China: August 15, 2015;
- No movement from the December 2020 Visa Bulletin;
- The final action dates for Chinese EB-5 applicants have not changed since the September 2020 Visa Bulletin largely due to the continued closure of the consulate office in Guangzhou because of COVID-19;
Vietnam: September 15, 2017;
- Advanced 2 weeks from the December 2020 Visa Bulletin;
All Other Countries: Current;
- EB-5 visa applicants not from China or Vietnam continue to be able to receive their EB-5 visa number and file an immigration visa application or adjustment of status application immediately after the approval of their I-526 petition without any delay.

(Chart A on the January Visa Bulletin)

EB-5 DATES FOR FILING (CHART B)

The dates for filing of the EB-5 visa category on the January 2021 Visa Bulletin remain unchanged from the December 2020 Visa Bulletin:

(Chart B on the January Visa Bulletin)

However, USCIS has announced that, in January 2021, the agency will not accept dates for filing for adjustment of status applications of the employment-based categories, including EB-5. Instead, these applicants “must use the Final Action Dates chart (Chart A) in the Department of State Visa Bulletin for January 2021” to file their adjustment of status application.