The U.S. Department of State has published the monthly Visa Bulletin for September 2021, unveiling new cut-off dates for EB-5 visa applicants from backlogged countries for the upcoming month.
In this latest bulletin, EB-5 final action dates for Mainland China advance 7 days from the August bulletin, while the cut-off dates for direct EB-5 applicants from all other countries remain as “current.”
With the current lapse in statutory authorization of the EB-5 Regional Center Program, the final action dates for the Regional Center visa categories (I5 and R5) continue to be listed as “U” (unauthorized) across the board on the September Visa Bulletin. However, if a legislative action extends the program, the cut-off dates for these categories in September would immediately become the same dates as the non-Regional Center category (C5 and T5), which are November 22, 2015 for Mainland China-born applicants and “current” for applicants from all other countries.
EB-5 FINAL ACTION DATES (CHART A)
The September Visa Bulletin revealed the following final action dates for EB-5 visa applicants:
- Mainland China: November 22, 2015
- Advances 7 days from August, indicating that visa applicants associated with direct EB-5 investment (the C5 and T5 categories) are still being processed and using the allocated visa numbers despite the fact that the Regional Center Program is currently under a lapse.
- All Other Countries: Current
(Chart A on the September 2021 Visa Bulletin)
EB-5 VISA PROCESSING DURING THE LAPSE IN THE REGIONAL CENTER PROGRAM
While USCIS has published its guidance on adjudicating EB-5 related petitions and applications during the lapse of the Regional Center Program, the National Visa Center (NVC) has not yet provided any clarification on how the agency is handling Regional Center affiliated visa applications (the I5 and R5 categories).
IIUSA reached out to the Visa Control Office in the Department of State and was told that Mr. Charlie Oppenheim will discuss this specific topic at the start of the upcoming monthly “Chats with Charlie” at 1pm EST on August 19, 2021 via the agency’s YouTube Channel (https://www.youtube.com/user/TravelGov).
