1 Visa Update w Charlie Oppenheim and Roundtable Discussion · Oppenheim and Roundtable Discussion...
Transcript of 1 Visa Update w Charlie Oppenheim and Roundtable Discussion · Oppenheim and Roundtable Discussion...
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Visa Update with Charles Oppenheim and
Roundtable DiscussionPanelists:
Irina Rostova, Rostova Westerman Law Group (Moderator)Charles Oppenheim, Visa Control Office, U.S. Department of State
David Hirson, Davis Hirson & Partners
Immigrant Visa Control and Reporting Division
Charlie OppenheimChief
EB-5 Number Use: China-mainland Born vs. Rest Of WorldFY 2014 – FY 2019
9,128
8,156
7,516 7,567
4,342 4,326
1,564 1,608
2,431 2,523
4,960 5,142
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
Num
ber o
f Iss
uanc
es +
Adj
ustm
ents
of S
tatu
s
China - mainland born Rest of World
(85%)
(84%)
(76%) (75%)
(47%) (46%)
EB-5 Number Use By Top Countries Of Current Interest Other than China-mainland Born: FY 2015 – FY 2019
Annual Per Country Limit: approximately 700
0
100
200
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500
600
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Brazil China - Taiwan born India South Korea Vietnam
Num
ber o
f Iss
uanc
es /
Adj
ustm
ents
of S
tatu
s
FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
Number of EB-5 Applicants on Petitions Received at NVC 2016 – 2019
Note: - Rest of World data excludes China-mainland born, and those countries listed above. - The numbers above include all EB-5 applicants on petitions (principle investors plus any qualified family derivatives)
91159 150 148
348
773
292400
514 523
1,117
2,180
385470
963
696
1,693
2,119
232 189
819
487
1,1261,012
0
500
1,000
1,500
2,000
2,500
Brazil China - Taiwan born India South Korea Vietnam Rest of World
EB-5
Pet
ition
s Rec
eive
d
2016 2017 2018 2019
Top Countries of EB-5 Number Use FY 2019
Country FY 2018 FY 2019
China-Mainland born 48.3% 45.7%
India 6.1% 8.0%
Vietnam 7.2% 7.6%
Korea, South 5.5% 7.3%
Brazil 4.0% 5.2%
China – Taiwan born 4.7% 4.5%
Venezuela 2.5% 1.8%
Hong Kong 2.1% 1.8%
Mexico 1.8% 1.5%
South Africa 0.9% 1.3%
Rest of World 16.4% 15.3%
China - mainland born (4,326: 45.7%)
Rest of World(1,449: 15.3%)
India (759: 8.0%)
Vietnam (716: 7.6%)
South Korea (695: 7.3%)
Brazil (493: 5.2%)
China – Taiwan born (427: 4.5%)
Venezuela (172: 1.8%)
Hong Kong (167: 1.8%) Mexico (138: 1.5%) South Africa (122: 1.3%)
Otherwise Unused EB-5 Numbers(FY 2020 Estimated)
Example of determination and distribution of such numbers:
Annual Limit: 11,000 (can vary slightly) Per-Country Limit: 770
11,000 (Annual Limit)- 70 China (reduction for Chinese Student Protection Act)
- 770 India (at limit)- 770 Vietnam (at limit)- 4,190 All Other Countries (Estimated)
5,200 “unused” numbers (estimated) available for use by countries that reached their per-country limit in priority date order
EB-5 Applicants with Petitions on File at NVC and Estimated USCIS Applicant Data (As of October 1st, 2019)
Foreign State of Chargeability
Actual Number of Applicants
at NVC
DoS ESTIMATEDNumber of Applicants with Petition on File
at USCIS
Estimated Grand Total
Brazil 212 765 977
China-mainland born 35,264 13,325 48,589
India 607 4,100 4,707
South Korea 221 1,900 2,121
China-Taiwan born 101 1,241 1,342
Vietnam 1,771 3,200 4,971
Rest of World 1,011 6,480 7,491
Grand Total 39,187 31,011 70,198
Potential Wait Time (Estimated)* Until Visa Number AvailabilityIf the I-526 Petition IS FILED TODAY (October 29, 2019)
1.4
16.2
6.7
3
1.9
7.1
0
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9
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18
Brazil China - mainland born India South Korea China - Taiwan born Vietnam
Num
ber o
f Yea
rs
*These estimates cannot encompass all variables, such as dissipation from petition revocations, deaths, age outs, withdrawals, etc.; or increases from family "acquired" before visa issuance, possible legislation or other governmental action that might impact the amount of numbers available for use each year.
These could be considered worst-case scenarios and are not applicable to the EB-5 applicants whose I-526 petition has been filed before October 29th, 2019.
Wait time estimate is the number of years between the time an I-526 petition is filed on October 29th, 2019 and the time when an EB-5 visa is likely to be available based on current number use patterns. These estimates include the processing time of adjudicating an I-526 petition.
PowerPoint Sponsored by:PowerPoint Sponsored by:
Visa Update with Charles Oppenheim and
Roundtable DiscussionPanelists:
Irina Rostova, Rostova Westerman Law Group (Moderator)Charles Oppenheim, Visa Control Office, U.S. Department of State
David Hirson, Davis Hirson & Partners