China EB-5 “Unavailable” for Remainder of FY2014

On August 23, 2014, Charles Oppenheim, Chief of the Department of State Immigrant Visa Control and Reporting Division, announced that effective immediately, the EB-5 preference category had become “unavailable” for Chinese applicants. In 2014, the United States issued immigrant visas to invest about 10,650, of which applicants from China has accounted for more than 8000. “Unavailable” means that the maximum number of EB-5 immigrant visas which are available for Chinese applicants for fiscal Year 2014 has been reached, while sufficient numbers for all other countries remain to ensure compliance within the annual Fiscal Year 2014 allocation. A new allocation of about 10,000 visas will be available on October 1, 2014, which is the first day of Fiscal Year 2015. As a result, there will be virtually no impact on most China EB-5 visa applicants who complete processing within the next 6 to 8 months. Visas have already been allocated for individuals with EB-5 visa interviews at the U.S. consulates in August and September 2014 so interviews will proceed as scheduled and visa may be issued to qualified applicants.

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