FEBRUARY 2022 VISA BULLETIN: UNCHANGED FOR EB-5

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

With the current lapse of the Regional Center Program, the cut-off dates for direct EB-5 applicants across the world continue to be “current,” while the final action dates for EB-5 applicants invested through a regional center remain as “unavailable” for February 2022.

Should any legislative action reauthorizing the Regional Center Program in February, the final action dates would become “current” for all EB-5 applicants except investors from mainland China whose cut-off date would be November 22, 2015.

EB-5 FINAL ACTION DATES (CHART A)

The February 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*:
    • Mainland China: November 22, 2015 (unchanged from the January Visa Bulletin);
    • All Other Countries: Current.

 

(Chart A on the February 2022 Visa Bulletin)

* See below from the February Visa Bulletin regarding the final action dates of Regional Center visa applicants:

D.  EXPIRATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES

Division O, Title 1, Section 104 of the Consolidated Appropriations Act, 2021 extended the immigrant investor pilot program until June 30, 2021.  No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases after June 30, 2021.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for February.

If there is legislative action extending this category for January, the final action dates would immediately become “Current” for February for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2015 final action date.

EB-5 DATES FOR FILING (CHART B)

The dates for filing for visa applicants invested through an EB-5 Regional Center remain unchanged in the February Visa Bulletin. However, USCIS will continue to reject new Form I-485, Form I-796 and Form I-131 associated with an EB-5 Regional Center until the Regional Center Program is reauthorized by Congress (see USCIS alert notice here).

For all visa applicants affiliated with a direct EB-5 project, the dates for filing continue to be “current” in February 2022. That is, qualified EB-5 applicants who invested in a direct EB-5 project, regardless of his or her country of birth, continue to be able to file an adjustment of status application to USCIS in January as soon as their I-526 petition is approved without any delay.

 

(Chart B on the February 2022 Visa Bulletin)

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