Good News for EB-5 in November 2015 Visa Bulletin!


The State Department released the November 2015 Visa Bulletin today and the news is good for EB-5 applicants. The China born waiting line has been shortened from 24 months to just over 23 months. While this may not be a lot, the fears of retrogression (where the waiting line gets longer) have not emerged, yet.

For other than China born, there is no visa quota waiting line besides current government processing times.

  1. The Date for Filing (DFF) adjustment of status in the U.S., or for issuance of DS 260/Fee Bills is still May 1, 2015. Therefore, anyone with an approved I-526 received before May 1, 2015 can submit Form DS 260 and pay the Fee Bill, or if in the U.S. legally, could be eligible to file an I-485 adjustment of status application that provides a work and travel permit after 90 days. This is excellent news. Caution there are many complex rules relating to eligibility to adjust status and entering on a visitor’s visa to adjust can be prohibited.
  2. The Date for Final Action has now been advanced to November 22, 2013 (from October 8, 2013). This is excellent news as the final adjudication date has been moved forward by 45 days in only one month. As a result, the waiting line is only about 23 months for China born EB-5 applicants.
  3. Chinese born persons with approved I-526 petitions filed before November 22, 2013 can now be scheduled for final interview in Guangzhou, or approved for adjustment of status by USCIS in the U.S.
  4. This is extremely good news because most applicants who filed I-526 petitions with children turning 21 just before submission can use lock-in procedures under the Child Status Protection Act (“CSPA”) to “freeze” the child’s age. This is because the DFF or “qualifying date” remains at May 1, 2015 for November 2015.
  5. May 1, 2015 is a critical date because this is when the China quota cut-off date was first established. Maintaining May 1, 2015 as the DFF date affords broad protection to derivative children.

For more information on the new dual track Visa Bulletin, review our blog.

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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