May 2022 Visa Bulletin with Reserve Visas
April 13, 2022 15 Comments
The May 2022 Visa Bulletin is out, reflecting seismic changes for EB-5.
For discussion, I recommend Joseph Barnett and Bernard Wolfsdorf’s article EB-5 Visa Availability for the May 2022 Visa Bulletin and Reservations on Reserved Visas-Skipping the Waiting Line is Un-American.
The tragic situation described in my article on reserved visas is being realized.
EB-5 Updates 
But why you think this is only applicable for 2.0. Since all the regional center needs to be reauthorized so now if they categorize my regional center as TEA. It should use the new pool right regardless of 1.0 or 2.0?
The visa categories apply to individual applicants, not to regional centers.
Rural, unemployment these are where your projects are right. If I invested my money in a project where there is high unemployment or it is consider as rural. I should be qualified for one isn’t that true Suzanne?
Please read this post: https://blog.lucidtext.com/2022/04/03/impact-of-reserved-visas-in-the-eb-5-reform-and-integrity-act-of-2022-analogy-law-data-application-oppenheim-comments/
My form i-526 was approved on 03/30/2020 and my I-485 is dated 07/06/2020. My nationality is Brazil. How Can I Estimate My I-485 Approval?
NVC has issued the following message today via email:
On March 15, 2022, President Biden signed a law that authorizes a new EB-5 Regional Center Program and grandfathers I-526 regional center petitions that were filed on or before June 30, 2021 pursuant to the prior Regional Center Program. The ‘EB-5 Reform and Integrity Act of 2022’ authorizes the newly created EB-5 regional center program until September 30, 2027. As a result, the National Visa Center (NVC) will resume pre-processing EB-5 regional center cases.
Wait at least 48 hours for our systems to update before you begin paying the immigrant visa (IV) application processing fee(s) and completing a visa application. Please note your previously submitted IV fee payments remain valid.
If you attempted to submit the required civil documents, after June 30, 2021, you can resubmit them now.
If you received a cancellation notice before your scheduled interview and your case is at NVC, we will reschedule your appointment with the appropriate U.S. Embassy or Consulate; however, if your case is no longer at NVC, contact the U.S. Embassy or Consulate website where you plan to interview.
Your appointment will be rescheduled based on the operating status and capacity of the consular section, and we cannot predict when your case will be rescheduled for an interview.
@EB5 Attorney – I got this email too a few hours back – so very heartening! A big big thanks to AIIA which has played a fantastic role in getting grandfathering done!!
As perspective, our I-526 with priority date Sep 2018 was approved on Nov 2020, and then we submitted our DS-260s and all documents were declared complete and clear by Jun 04, 2020 just before the sunset. With this green signal, we’re now waiting for NVC to schedule an appointment at the Mumbai Consulate.. Keeping fingers crossed!
@Suzanne – First, like all others, I am so thankful for all that you do for all of us!! A question – any idea how we can figure out how long the queue is for immigration visas (both non-EB5 and EB5 at the Mumbai Consulate)? Is there someone at the consulate who can share this information with us? Thanks so much!
Correcting error – documents were declared complete and clear Jun 04, 2021 (not 2020) just before the sunset…
Thanks a lot for sharing this update. It’s quite relieving.
We have our interview at Mumbai Consulate on 18th April 2022. So, hopefully they can update everything by then.
Our medicals expire soon and it’s a case of reissue of the visa. Hence, we haven’t received anything from NVC and had taken a chance and scheduled the interview.
For India, EB5 (Regional Center as well as Direct) both are Current i.e. immediately available.
please tell us how did it go!
They were unable to reissue the visa. They have not received guidance from the state department and no visa numbers have been made available. Apparently, they receive the visa numbers at the end of month even if it shows Current for this month. So earliest they can issue is in May if they receive the visa numbers on time.
I am surprised that after all these years, they have decided to separate out the Direct and Regional center categories. China direct EB-5 is current, so a Chinese investor who did a $500,000 direct investment last year or post 22Nov2015 can leapfrog the queue of Chinese RC investors? Isn’t that against the INA act rules where green cards are supposed to be issued by Priority date. Unless there are zero China direct EB-5 investors, they are taking numbers from RC EB-5 investors and allotting them to newer Chinese investors, thereby increasing the wait time for those RC investors.
I can see this creating a problem for india if it retrogresses next year. Quite a few Indians applied to the Direct EB-5 category in 2021 and even 2022.
I am surprised that after all these years, they have decided to separate out the Direct and Regional center categories. China direct EB-5 is current, so a Chinese investor who did a $500,000 direct investment last year or post 22Nov2015 can leapfrog the queue of Chinese RC investors? Isn’t that against the INA act rules where green cards are supposed to be issued by Priority date. Unless there are zero China direct EB-5 investors, they are taking numbers from RC EB-5 investors and allotting them to newer Chinese investors, thereby increasing the wait time for those RC investors.
I can see this creating a problem for india if it retrogresses next year. Quite a few Indians applied to the Direct EB-5 category in 2021 and even 2022.
Does anyone have any reporting on how long it takes to get DQ’ed from NVC? Just wanted to find out real time vs nvc timeframe.
Thank you
+1