June 2022 Visa Bulletin: New Cut-Off Date for Chinese Direct EB-5 Applicants

Earlier this week, the U.S. Department of State published the monthly Visa Bulletin for June 2022.

Starting in June, Chinese nationals who invested through a direct EB-5 project will face the same final action date and the date for filing as the Chinese EB-5 applicants who invested through a regional center. Other EB-5 applicants from the rest of the world will not face any cut-off date in June.

Additionally, the EB-5 visa set-aside (or “reserved”) categories will remain “current” for all nationals across the board. An EB-5 applicant, regardless of his/her nationality, who invests in 1) a project located in a rural area or a high unemployment area, or 2) an infrastructure project will be able to apply for their EB-5 visa as soon as they become documentarily qualified or file an adjustment of status application without any delay.

EB-5 FINAL ACTION DATES (CHART A)

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

  • Applicants associated with unreserved visa categories:
    • Mainland China: November 22, 2015;
    • All Other Countries: “Current”;
  • Applicants associated with an EB-5 project within the reserved visa categories:  
    • All Countries: “Current”; 

(Chart A on the June 2022 Visa Bulletin)

EB-5 DATES FOR FILING (CHART B)

In June, the dates for filing will remain “current” for all EB-5 applicants, except for the applicants who were born in mainland China and invested through a regional center project or a direct project outside the reserved visa categories (the date for filing of these applicants is December 15, 2015).

While Chinese applicants who invested through a direct EB-5 project were not subject to a date for filing in May and before, they will face the same cut-off date as the Chinese applicants associated with a regional center project starting in June.

(Chart B on the June 2022 Visa Bulletin)

ADDITIONAL NOTES ON THE JUNE VISA BULLETIN

The following note is included on the June Visa Bulletin with regards to the establishment of a cut-off date for the Chinese EB-5 applicants who invested through a direct EB-5 project:

E.  ESTABLISHMENT OF C5 and T5 FINAL ACTION DATE AND APPLICATION FILING DATE FOR CHINA-MAINLAND BORN

It has become necessary to establish a final action date and application filing date for C5 and T5 China-mainland born because sufficient demand has materialized as readers were cautioned was a possibility in Item D of the May 2022 Visa Bulletin. China-mainland born C5 and T5 applicants are subject to a 22NOV15 final action date and an application filing date of 15DEC15.

Another noticeable change on the latest visa bulletin is that the direct EB-5 categories (C5 and T5) are combined with the regional center EB-5 categories (I5 and R5) as one “5th Unreserved” category listed on the June Visa Bulletin (see the illustration below):

 

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