Reauthorization of the employment-based fifth preference i5 and r5 regional center visa categories
The Consolidated Appropriations Act, 2022, which reauthorizes and reforms the EB-5 Immigrant Investor Regional Center Program, was enacted on March 15, 2022. The Department of State has resumed processing visa applications based on approved Employment-Based Fifth Preference Regional Center petitions that were filed with USCIS on or before June 30, 2021.
Chart A for Final Action Dates for Employment-Based Preference Categories and Chart B Dates for Filing of Employment-Based Visa Applications were revised to reflect some of the new provisions outlined in the EB-5 Reform and Integrity Act of 2022, mainly the creation of two pools of visa numbers within the EB-5 category. One pool of numbers is ‘reserved’ for certain set-aside categories while the remaining available numbers remain ‘unreserved’.
Chart A for Final Action Dates for Employment-Based Preference Categories reflect final action dates for May that are effective immediately for the month of April. The Employment-Based Fifth Preference Unreserved (C5, T5, and all others) is Current for all countries; the Employment-Based Fifth Preference Unreserved (I5 and R5) categories are Current for all countries except China-mainland born, which is subject to a 22NOV15 final action date; and all set-aside categories are Current for all countries. It may become necessary to establish a China-mainland born final action date and application filing date for the C5 and T5 categories as early as June to keep number use within the maximum allowed under the FY-2022 annual limits if sufficient demand materializes.