The U.S. Department of State has released the Visa Bulletin for April 2016. For EB-5 visas, both regional center and direct investments, the Final Action Priority Date for persons born in mainland China has now been set to February 1, 2014.

The Filing Priority Date for persons born in mainland China has now been set to May 1, 2015. However, USCIS has confirmed that they will be using the Final Action Priority Date for Adjustment of Status Applications for April 2016. Therefore, Applicants who are filing for adjustment of status in April based on approved EB-5 petitions must use the Final Action Priority Date for Employment Based Visa Applications chart for April 2016.

Currently, this means that persons born in mainland Chinese who filed their visas up to February 1, 2014 can file for Adjustment of Status in April 2016. Persons born in mainland Chinese who filed their visas up to May 1, 2015 can begin Consular Processing in April 2016. The most recent estimated number of unused EB-5 visas available for persons born in mainland China is estimated to be approximately 7,975 for the fiscal year.

I.A. Donoso & Associates will monitor the USCIS website for possible changes in Adjustment of Status filing dates based on the upcoming May 2016 visa bulletin.
Visit http://www.uscis.gov/visabulletininfo for information on whether USCIS has determined that the Dates for Filing Employment Based Visa Applications chart can be used for the current month for filing applications for adjustment of status with USCIS.

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