DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014
Effective immediately Saturday, August 23, 2014 the China Employment Fifth
(EB-5) preference category has become "Unavailable" for the remainder of the
FY-2014. This action is necessary because the maximum level of numbers which
may be made available for use by China EB-5 applicants during FY-2014 has been
reached.
Department of State Processing: The establishment of a monthly cut-off or
"Current" status for a numerically controlled preference category applies to
those applicants who were reported documentarily qualified prior to the
determination of cut-off dates and allocation of visa numbers for that month.
Therefore, all China EB-5 applicants who have been scheduled for interview at an
overseas post based on the original establishment of the August and September
cut-off dates would have been allotted visa numbers for potential use by their
case. Such applicants will not be impacted by the "Unavailability" of the China
EB-5 category for the remainder of FY-2014. In this context, "Unavailable" means
that no additional numbers are available for "comeback" cases originally
scheduled for interview in an earlier month who are just now returning, or for
those first requesting an interview. The only exception would be if a post had
"otherwise unused" numbers available, because applicants either failed to appear
or failed to overcome a refusal during the month (i.e., August or September) of
originally scheduled interview.
U.S. Citizenship and Immigration Services (USCIS) Processing: USCIS
offices may continue to accept and process China Employment Fifth preference
cases and submit them in the normal manner. However, instead of being acted upon
immediately, those cases will be held in the Visa Office's "Pending Demand" file
until October 1, 2014. At that time, all eligible cases will be automatically
authorized from the "Pending Demand" file under the FY-2015 annual numerical
limitation. Each USCIS requesting office will receive an e-mail notification of
such authorizations, which will be effective immediately.
Charles Oppenheim, U.S. Department of State, Chief, Immigrant Visa Control and
Reporting Division
Source:AILA