APRIL 2022 VISA BULLETIN: UNAVAILABLE TO EB-5 regional center affiliated visa applicants in the upcoming month

The U.S. Department of State has published the monthly Visa Bulletin for April 2022.

Although the EB-5 Regional Center Program was reauthorized on March 15 as part of the “2022 omnibus,” the April Visa Bulletin still lists that no immigrant visa will be available to applicants who have invested via a regional center (the I5 and R5 categories) in the upcoming month because “this legislation go into effect 60 days after the date of the enactment.” The cut-off dates for direct EB-5 applicants across the world will continue to be “current” in April.

EB-5 FINAL ACTION DATES (CHART A)

The April Visa Bulletin revealed the following final action dates for EB-5 visa applicants:

  • Applicants associated with a direct EB-5 project:
    • All Countries: “Current”;
      • All applicants will be able to apply for their EB-5 visa as soon as they become documentarily qualified, without any delay.
  • Applicants associated with a Regional Center project*:
    • All Countries: “Unavailable.”

 

(Chart A on the April 2022 Visa Bulletin)

EB-5 DATES FOR FILING (CHART B)

In April, the dates for filing for EB-5 visa applicants who have invested through a regional center will be December 15, 2015. However, since the reauthorization of the Regional Center Program, USCIS has not yet updated the alert notice on its website with regards to the processing of adjustment of status applications that were submitted by qualified applicants who have invested via a regional center. It is not clear that how the agency is handling these cases at the moment.

For all visa applicants affiliated with a direct EB-5 project, the dates for filing continue to be “current” in April 2022.

 

(Chart B on the April 2022 Visa Bulletin)

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