News

Washington, D.C., April 4, 2022: Based on our docket of several thousand EB-5 visa petitions, Donoso & Partners provides below some notes regarding our office’s recent processing experience for EB-5 visas based on regional center investments after the re-start to the EB-5 program on March 15, 2022:

1. Donoso & Partners is preparing I-485 Adjustment of Status applications for eligible investors.
2. We have been notified by email several times that the USCIS has notified an approval to the National Visa Center (Department of State).
3. The Department of State, however, has not overtly taken any steps to schedule new EB-5 visa appointments.
4. Donoso & Partners believes the key is that the Department of State has not updated the April 2022 visa bulletin. EB-5 visas remain unavailable in the April visa bulletin. As stated in Note D to the April visa bulletin, the Department of State has not accurately determined the number of EB-5 visas actually available from now until the end of the current federal fiscal year. The March 2022 visa bulletin indicated that EB-5 regional center visas had been shifted over to the EB-2 India cap during the lapse in the EB-5 regional center program – and now had to be returned to the EB-5 classification after the program re-started on March 15, 2022.
5. The Department of State may need most of the month of April to determine this key point.
6. Donoso & Partners estimates that the earliest that new EB-5 visa interviews will be scheduled at U.S. Consulates will be towards late June of 2022.
7. Despite the uncertain number of EB-5 visa petitions that will be determined in the (eventual) update to the April 2022 visa bulletin, USCIS has indicated that it is accepting I-485 Adjustment of Status applications for eligible EB-5 investors during April 2022 using “List B” Dates for Filing.

Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of donosolaw.com.