EB-5 has a limitation is approximately 10,000 visas per year set by Congress, this includes family members. Since there are three members in a family, 3000 families can immigrate to US through EB-5. There are also limits for each country. About 3,000 visas set aside for regional centers. No country can use more than 7.1% of the visas, but unused quotas can be filled by other countries. China and Vietnam are oversubscribed.
According to USCIS, Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status on the basis of their capital investment in a commercial enterprise.
Congress has reserved 3,000 of the 10,000 EB-5 visas for EB-5 investors who invest in TEAs.
The Immigrant Investor Pilot Program (“Pilot Program”) was created by Section 610 of Public Law 102-395 (October 6,
1992), and was recently extended through September 30, 2012.
USCIS has published July 2018 Annual report, EB-5 is subjected to limited quotas.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
According to the report the final action dates for the EB-5,
Required minimum investments for EB5 are:
- General. The minimum qualifying investment in the United States is $1 million.
- Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
Per Country Limit
USCIS describes per country limit as
The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available.
No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country.
The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance.
In 2017, Microsoft has called for lifting per country limits
Because of per-country limits, the burden of today’s employment-based green card backlog unfairly falls only on immigrants from India, China and the Philippines. For most employees from India, it is expected to take well over a decade to make it through their country-specific backlog, even after their jobs and skills have been certified by the U.S. Department of Labor to merit green cards. Meanwhile, as of this month, there is no backlog this long for any other country.
This isn’t fair, and it isn’t smart — not if we want the U.S. to be able to continue attracting top talent.
FINAL ACTION DATES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed
DATES FOR FILING
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
A total of 8,414 EB5 visas issued for FY 2017, according to USCIS
Regional Centers
Regional centers should not be confused as a geographic area, only a business entity.
USCIS clearly defines ‘Regional center’ as
Regional Center is not merely a defined geographic area but rather is a business entity that coordinates foreign investment within that area in compliance with the EB-5 statutory, regulatory and precedent decision framework. Regional Centers do not hold sole jurisdiction over their geographic region.
As of June 4, 2018, there are 903 USCIS approved regional centers.
