What do the “Final Action Date” and “Dates for Filing Applications” mean on the Visa Bulletin?

In September 2015, the Department of State (DOS) and USCIS jointly announced a new procedure that allowed family and employment-based immigrant visa applicants currently waiting for a visa to start their immigration process or apply for adjustment of status before their Priority Date becomes available.

In visa categories which are oversubscribed, meaning that there is higher demand for visas than there are available, an applicant’s place in line is based on the date a petition is filed; called the Priority Date. DOS updates the Priority Dates monthly and publishes them in the DOS Visa Bulletin. USCIS also uses the Visa Bulletin for applicants who are eligible to adjust their status in the United States.

Beginning with the October 2015 Visa Bulletin, there are now two charts listing dates for each preference category and country of chargeability: (1) An "Application Final Action Dates" chart ("Final Action Date"); and (2) a "Dates for Filing Applications" chart ("Filing Date").

Visa Bulletin For September 2019.

Applicants with Priority Dates earlier than the date listed on the "Filing Date" chart (also known as Table B) for their preference category and country of chargeability will be notified by the National Visa Center that they may submit their documentation and begin the application process. However, an interview and final decision on the application cannot take place until the Priority Date is current as per the Final Action Date (also known as Table A).

For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). This means that applicants can begin their visa application process and submit their documentation if their Priority Date is on or before March 8, 2007. But they will still have to wait until their Priority Date on Table A becomes current before they can receive a visa.

The implementation of this new Filing Date chart was to create better efficiency for both applicants, who can begin to prepare their application in advance, and for better allocation of visas each month by the State Department. 

If you are in line waiting for a visa to become available, pay attention to the Filing Date chart to know when you can begin the application process, but understand you might still need to wait many more months before your visa number becomes available. 

For more information about the visa bulletin, contact us at …

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Department of State Visa Bulletin Update on EB-5

AILA’s Department of State Liaison Committee provides monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin. 

The content for this month's column is taken from presentations delivered by Charlie at the 2019 Federal Bar Association Immigration Law Conference which took place from May 17 - May 18, 2019, in Austin, Texas. 

EB-5 numbers historically were processed primarily in China through FY-2017. Now that there is a Final Action date for EB-5 China, people who otherwise would have used this category are tapping into other markets. The Final Action Date for EB-5 China is likely to hold through August 2019. EB-5 Vietnam and EB-5 India will reach their per country limits in July 2019. The October 1, 2016 Final Action Date for EB-5 Vietnam will hold through July 2019 and then share the same date as EB-5 China for the rest of FY19. In July 2019, EB-5 India will have a Final Action Date in 2017 and will then also share the same date as EB-5 China in August 2019 and September 2019. 

If you are considering immigrating to the U.S. via the EB-5 immigrant investor visa, this is our specialty. Contact David Enterline at david@enterlinepartners.com

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Latest EB-5 Wait Times and Visa Bulletin Projections

Charles Oppenheim, Chief of the U.S. Department of State (DOS) Visa Control and Reporting Division provided important updates at the Invest in the USA (IIUSA) 2019 EB-5 Advocacy Conference. The annual event was held in Washington, D.C. on May 6, 2019. 

As noted by Oppenheim, EB-5 visas remain in very high demand by investors from Mainland China, Vietnam, and India. As a result of the continued demand, Oppenheim noted the following projections based on a “worst case scenario” for new investors who file a Form I-526 on May 6, 2019:

Country of Chargeability	Estimated Wait Time
Mainland China	16.5 years
India	8.4 years
Vietnam	7.6 years
Republic of China (Taiwan)	2 years
Brazil	1.6 years
Rest of the World	No foreseeable quota backlog

Oppenheim further offered the following predictions for the remainder of 2019 fiscal year and into the 2020 fiscal year:

Mainland China: The July 2019 visa bulletin is expected to advance to October 1, 2014. This date is not likely to increase unless the rest of the world demand decreases significantly. Beginning in October, which is the start of the 2020 fiscal year, the best case scenario for Mainland China would be October 15, 2014 final action date and the worst case scenario would be October 8, 2014 final action date.

Vietnam: The July 2019 visa bulletin is expected to advance to October 1, 2016 after which Vietnam will hit its annual limit and will revert to Mainland China’s date. In October, Vietnam’s best case scenario is December 15, 2016 while the worst case scenario would be a November 22, 2016 final action date.

India: Oppenhiem predicted that India will likely hit its annual limit by late June or early July. It is also possible that the July visa bulletin will list a final action date of 2017 or equal to China’s final action date.

South Korea, Taiwan and Brazil: No backlogs predicted in 2019 fiscal year. Expected to be current in October.

For more information on EB-5, contact us today and speak with David Enterline, a highly experienced U.S. EB-5 lawyer.

October Visa Bulletin EB-5 Visa Category Now “Unauthorized” for Visa Issuance

Last week, U.S. Department of State – Bureau of Consular Affairs published the October Visa Bulletin. The EB-5 Regional Center category has been listed as “U” meaning unauthorized for issuance. This is because the Immigrant Investor Program (aka Regional Center Program) is set to expire on September 30, 2018.

The final action dates for the EB-5 regional center category has been listed as unavailable as a result of the upcoming “sunset date” of September 30, 2018 for the Immigrant Investor Program When there is legislative action reauthorizing the EB-5 Program all final action dates would immediately become “Current” for all countries except those countries with high demand. 

The Immigrant Investor Program has been a temporary program since it was first enacted by Congress in 1993. Since 2015, it has been temporarily extended many times. While there is no guarantee that it will be extend this time, there is an expectation that it will continue to be extended and available for EB-5 investors choosing to invest in projects sponsored by regional centers.

October Visa Bulletin

by: Enterline and Partners Consulting