U.S. Department of State Warns that Cut-Off Date Possible for China EB-5

November 19, 2012

The Visa Office of the U.S. Department of State released projections in its Visa Bulletin for December 2012 showing that a cut-off date may be necessary for the China EB-5 preference category during the second half of fiscal year 2013. The Visa Office cautioned that its advisory is based solely on the current China EB-5 demand, and that demand patterns can change over time. The Visa Office stated that “[s]uch action would be delayed as long as possible, since while number use may be excessive over a 1 to 5 month period, it could average out to an acceptable level over a longer (e.g., 4 to 9 month) period.” The Visa Office also stated that “this should be considered a worst case scenario at this point” and it would be the first time a cut-off date has been established in the EB-5 preference category. ┬áThe Visa Office noted that this is why “readers are being provided with the maximum amount of advance notice regarding the possibility.”

The Visa Bulletin for December 2012 is available here.