China EB-5 Cut-off Update-May 2015 or June 2015 that is the Question?


The Department of State April Visa Bulletin has now clearly stated that, “The establishment of [the China EB-5 cut-off] date can be expected no later than June [2015]”. Item D of the February 2015 Visa Bulletin advised that the expected increase in demand would require the establishment of a cut-off date during the summer to hold number use within the annual numerical limit. For more information about the China cut-off and action to be taken, see our prior blogs. So it’s either going to happen in May 2015, in which case this should be announced on or about April 10, 2015, or in June 2015, and this will be announced on or about May 11, 2015. Once a cut-off is established, this means that I-526 petitions can still be filed and approved, but Chinese nationals won’t be able to schedule final appointments in Guangzhou, or file adjustment of status applications in the U.S. unless there priority date, or filing date, as reflected on the form I-797 filing receipt, is earlier than about May 2013, or June 2013 (whatever date is selected, until that date “comes up”. The exact cut-off date will only be known when published in the visa bulletin each month.

On the positive side, President Obama’s Executive Action on business, which includes the possibility of not counting derivatives towards the quota, is alive and well. The White House recently met with interested parties to discuss the details, so there is hope that the announcement of the cut-off date will encourage the White House to take urgent action.

This post originally appeared on Wolfsdorf Immigration Law Group. Reprinted with permission.

About The Author

Tahmina Watson Bernard Wolfsdorf is a recent past President of AILA and Managing Partner of the top-rated Wolfsdorf Rosenthal LLP with offices in Los Angeles and New York. With 21 lawyers and 60 professionals, the firm is known worldwide for its excellence in providing value and top-quality global immigration representation. Wolfsdorf Rosenthal LLP has been described by Chambers USA as "a force to be reckoned with."

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