Many friends will confuse EB-5 immigration application review time and schedule time for US investment immigration. They often think that this is the same time, but it is just a different statement. In fact, these two times have essential differences .
Usually we say that the review time of EB-5 immigration application is the review time of EB-5 immigration application I-526, which is reviewed by U.S. Immigration Bureau . At present, the review time of I-526 is also divided into applications in mainland China and other regions. The average review time is different:
At present, the average review time of I-526 in other regions is 52.5 months.
At present, the average trial time of I-526 in mainland China is 76 months
U.S. Immigration Bureau announced the trial time of I-526. Whether it is in China or non-China, the trial time is very long. Is it possible to speed up the trial here? The answer is: On March 15 this year, the EB-5 Reform and Integrity Act stipulates that investing in rural projects can be given priority to speed up the trial during the trial stage of the Immigration Bureau. If you want to get a green card quickly, you should choose the rural project . Other urban projects and infrastructure projects do not have this kind of treatment.
In fact, in the absence of schedule, for example, the above-mentioned EB-5 rural project, as long as the immigration application I-526 is approved, domestic applicants will soon be able to go to the Guangxi Consulate for an interview to get a US immigration visa. Applicants in the United States can apply for I-485 adjustment of their status and change their immigration status within the United States.
To sum up: EB-5 immigration application trial time refers to I-526 trial time .
Since the supply and demand imbalance of the EB-5 green card quota in 2015, there has been a scheduling period, and the concept of "scheduling period" has emerged. First, let’s explain why there is a scheduling. The annual immigration quota in the United States is relatively fixed. The annual quota of 140,000 green cards in the professional immigration category, and the annual quota of about 10,000 green cards in the EB-5. As long as the number of applicants exceeds 10,000 each year, the green card quota will not be enough for that year, and there will be a scheduling. Applicants who did not wait for the quota that year can only wait for the next year, and they cannot wait for the second year, and then wait for the third year, and so on.
US immigration schedule rules are based on the "first come first served" principle. Applying one day earlier means you can get a green card one day earlier. Therefore, each EB-5 immigration application opening letter has a "priority datepriority date", which is the time and date when the applicant submits the I-526 immigration application application. For details, please refer to the I-526 open letter in the figure below.
When there is a schedule, the "priority day" is used as the basis for schedule time. US State Department will publish the schedule every month. When the time on the schedule is above the priority date, the time on the schedule has exceeded the priority date , prove that the schedule has arrived. Applicants who apply for table A can arrange for interviews at the Consulate of Guangzhou. Applicable Form B can apply for I-485 to adjust their status and apply for labor permits and travel permits. The query schedule situation URL: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.htmlhtml
October A's schedule is as follows, showing that the "C" project category represents no schedule, and any project category with time and date appears is the currently scheduled date.
0 October 2022 schedule B is as follows:
Applicants should pay attention to the schedule every month. Under normal circumstances, the schedule changes every month. In most cases, time will move forward, sometimes it will linger, and even scheduling will go backwards. It is not surprising that the schedule will go backwards. For example, in October this year, the schedule of EB-5 non-reserved quota items has significantly reversed compared to September. The US State Department adjusts the schedule time every month according to the visa usage and allocation. Regarding the EB5 scheduled regression this time, the Immigration Bureau explained this: Based on the estimated visa demand stock, incremental amount, and available visa quotas, we can reverse the scheduled date that can be reviewed.When the demand exceeds the available visa amount, the State Council needs a split date (date on the schedule) to ensure that the number of visas used does not exceed the annual limit for each category.
In fact, many friends are more concerned about the time from the beginning to the time when applying for an immigration visa. If there is no scheduled project, it can be understood as the time when the immigration application is processed, which is the time when the visa is processed. If there is a scheduled project, it is the time when the immigration application is processed plus the scheduled time. However, the scheduled time is queued from the moment the application is submitted, and it is not scheduled after the immigration application is approved. The premise is that only if the immigration application is approved, the schedule is meaningful. If the visa is rejected, the schedule is not involved. Therefore, the immigration application is the most important step. Generally speaking, the immigration application is approved. As long as the schedule is waiting, the interview will be natural for the immigration visa.
