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September 2 2016

When Plan “B” is a Good Thing

When Plan “B” is a Good Thing

Most EB-5 immigrants apply for immigrant visas at an American Consulate in their homeland. The visa can only be issued when the I-526 filing date is “current” on the Department of State (DOS)’s visa bulletin Chart “A”. EB-5 investors from all countries are now current, except China. For China born EB-5 investors, Chart A has a cutoff case date of Feb 15, 2014.

China born EB-5 investors living in the U.S. (such as a person on a student visa) whose I-526 is granted can wait to apply for a visa at the American Consulate in their homeland per Chart A described above. Or, they may apply in the U.S. for “adjustment of status,” i.e. obtain their green card by changing status to permanent residence.

In the past, the adjustment application could not be filed until the I-526 filing/priority date showed up on the visa bulletin, now called Chart A. However, recently the DOS created Chart “B” with an earlier cutoff date – now set at May 1, 2015.

But the USCIS has not implemented Chart B for adjustment filing. The rumor is that USCIS may implement Chart B in October. This will help those living in the U.S. apply sooner than waiting for Chart A.

It still must be determined whether filing for adjustment per Chart B will be enough to keep an investor’s child’s age frozen under the Child Status Protection Act so they may remain under 21 to immigrate with a parent. There are other complexities about Chart B, but I will address those later if and when Chart B becomes active.

I hope you have had a good summer.