CURRENT PREDICTIONS
FOR INDIA EB-5 VISA BACKLOG
D u r i n g a p r e s e n t a t i o n o n O c t . 3 0 , 2 0 18 , C h a r l e s
Oppenheim, chief of the immigrant visa control and
repor ting for the U.S. Depar tment of State, indicated
that based on projected usage, he expected to establish
a cut-off date for India EB-5 visas around July 2019. This
means that he expects to use approximately 700 visas
for Indian nationals in the EB-5 category between Oct. 1,
2018 to June 30, 2019. Immediately after the cut-off date
is established, the cut-off date for India would be the
same as the one set for China (predicted to be around
October 2014). Then, on Oct. 1, 2019, when numbers are
released for the new fiscal year, Oppenheim expects the
cut-off date for India EB-5 to jump to 2017.
Per Oppenheim, for any Indian national who files as of
October 2018 and becomes subject to the backlog, the
projected wait time from I-526 filing to being eligible for
a conditional green card is, at worst, five to six years.
1
AVOIDING INDIA EB-5 BACKLOG
year, so if the government expects to issue all available
EB-5 visas in a fiscal year, it sets a per-country limit of
7 percent, or approximately 700 visas. The 700 visas
include all visas issued for investors and any spouses
and children under 21.
S ince 2015 , the f irs t year whe re all available EB - 5
visas were allocated, the government has instituted
a per- countr y limit in the EB -5 categor y. In order to
ensure that no country gets more than its share of the
visas, the Depar tment of S tate
establishes a cut-off date for all
countries and publishes the cut-
off date monthly. Every applicant
whose priority date (the date of
I - 526 filing) occurs before the
cut-off date is eligible to obtain
his or her immigrant visa. If an
i nve s to r ’s p r i o r i t y d a te is n o t
current based on that month’s
Visa Bulletin, he or she would be
ineligible to obtain a visa. The
government publishes a new cut-
off date each month in the Visa
Bulletin and, depending on visa
usage, the cut-off date can move forward or retrogress
by a few days, months or years. The cut-off date can
also stagnate for months. Once the investor’s priority
date occurs before the visa cut-off date, the investor is
eligible to obtain a green card or immigrant visa.
F i r s t , a n y I n d i a n i n ve s to r w h o o b t a i n s h i s o r h e r
immigrant visa or green card prior to a cut- off date
being established for India, would not be subject to
the backlog. If an investor is eligible and able to file an
adjustment of status application (Form I-485) in the U.S.
prior to the backlog, the investor will be able to get work
authorization and a travel permit, and can continue to
renew such work authorization and travel permit until
the priority date becomes current.
Any Indian investor who was born in a different country
— UA E , Oman, Singapore, etc. — would also not be
subject to the Indian visa backlog. Your countr y of
chargeability, that is, the country an investor and family
member’s visas will be counted against, depends on the
investor’s country of birth.
A d d i t i o n a l l y, a n i n v e s t o r c a n a l s o u s e h i s o r h e r
sp ouse’s c ou n tr y of bir th. S o, if
the investor was born in India but
the spouse was born in Dubai, then
the entire family can use “cross -
chargeabilit y ” and be counted
toward the visa numbers for UAE
instead of India. Since there is no
visa backlog for EB-5 visas for UAE
nationals, the entire family would
be immediately eligible to apply for
a green card after I-526 approval.
"Any Indian investor
who was born in a
different country —
UAE, Oman, Singapore,
etc. — would also not
be subject to the Indian
visa backlog"
I t ’s i m p o r t a n t to n o te tha t a n
inves to r c an not use a c hild ’s
country of birth for cross-
chargeability. So, if both the investor and spouse were
born in India but their child was born in Singapore,
the entire family would be subject to the India EB -5
visa backlog.
EB5INVESTORS.COM
91