The Department of State has published the May 2022 Visa Bulletin (see below) which reflects the reauthorization of the EB-5 Immigrant Investor Regional Center Program and adds 3 new categories of Employment-based Fifth Preference Immigrant Investors as established by the EB-5 Regional Center Reform and Integrity Act of 2022 (RIA 2022) enacted on March 15, 2022.
The EB-5 Regional Center Program lapsed at the end of June 2021 at which time visas became unavailable under the I5 and R5 categories allocated to investors in Regional Center projects. In May 2022 after a 60-day hold period following enactment of RIA 2022, these categories once again become active.
Perhaps most notable in the May Visa Bulletin is the division of the EB-5 categories into two pools of visa numbers within the EB-5 category. Reflecting new visa set-asides established by RIA 2022, one pool of EB-5 visa numbers is “reserved” for certain set-aside categories while the remaining available numbers remain “unreserved.” As of March 2021, 32% of all EB-5 visas are reserved as follows: 20% for investors in a rural area; 10% for investors in a high unemployment area; and 2% for investors in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified EB-5 immigrants with any unused “set aside” visas reserved for a maximum of two years.
Reflecting these changes, as of the May 2022 Visa Bulletin:
5th Non-Regional Center (Direct)
(C5 and T5)
Has been changed to:
5th Unreserved
(C5, T5, and all others)
AND
5th Regional Center
(I5 and R5)
Has been changed to:
5th Unreserved
(I5 and R5)
AND 3 other designations have been added:
5th Set Aside:
(Rural – 20%)
5th Set Aside:
(High Unemployment – 10%)
5th Set Aside:
(Infrastructure – 2%)
As indicated on the May 2022 Visa Bulletin, Chart A Final Action Dates for the Employment-Based Fifth Preference Unreserved (C5, T5, and all others) is “Current” for all countries; the Employment-Based Fifth Preference Unreserved (I5 and R5) categories are “Current” for all countries except China-mainland born Unreserved (I5 & R5), which is subject to a 22NOV15 final action date; and all set-aside categories are “Current” for all countries.
The May 2022 Chart B Dates of Filing dates for the Employment-Based 5th Preference Unreserved are “Current” for all countries and all categories of Unreserved and Reserved EB-5 visa except China-mainland born Unreserved (I5 & R5), which is subject to a 15DEC15 Date of Filing date.
Final Action Cut-Off Dates For May 2022
Dates For Filing Cut-Off Dates For May 2022
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