As a result of the announced May 1, 2015 EB-5 China Cut-off, on April 22, 2015, , the Guangzhou consulate and the National Visa Center began sending out cancellation notices to immigrants who had been scheduled for EB-5 visa interviews. This is a new and unexpected development. The prevailing thought has always been that a visa number is assigned to an individual once the interview has been scheduled. This would allow Chinese national investors with both post May 1, 2013 priority dates, and interviews scheduled the opportunity to adjust status through the consular process regardless of the China cut-off. Unfortunately however, that practice is not being followed. Our office has received cancellation notices for investors under this exact scenario.
Individuals who have been affected by the cancellations will need to check monthly to find out if their immigration priority date is current. They can do that by checking the monthly visa bulletin on the U.S. Department of State’s website or by using the interactive form to find the cut-off date. Once their immigration priority date is current, the consulate will begin re-issuing interview notices.
Individuals with beneficiaries who are at risk of reaching the age limit and who have paid the immigration fee and/or filed the DS-260 form for their beneficiaries needn’t worry about retrogression affecting them, as they are protected under the Child Status Protection Act. Immigrants who want more information or who need to file forms and pay fees for their beneficiaries should consult with their EB-5 attorneys in Los Angeles.
It has also been reported that the National Visa Center has been delaying notification of scheduled visa interviews, resulting in some immigrants missing their interviews. Those who believe they have missed an interview because of a notification that wasn’t mailed in a timely manner may have to seek legal action.
For assistance with any issue involving the EB-5 investor visa process, which can be complicated and involve unexpected difficulties,contact David Hirson & Partners at 949-383-5358 for a case evaluation and consultation.