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Question:

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How will USCIS process EB-5 applications once the visa cap is reached? I know there is an annual EB-5 visa cap at 10,000 issued per fiscal year and that there are current outstanding I-526 applications. What will happen when that visa cap is reached? In what order will USCIS process EB-5 applications? Will EB-5 applicants have to wait an extra year once the cap is reached?

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Answers:

December 12, 2014 15:11 Ed Beshara

There is a misconception about the visa cap and retrogression. The cap being reached only refers to the investors being able to apply for the conditional permanent residency visa. It does not limit or refer to the number of I-526 petitions being able to be filed. Therefore from the job creating projects viewpoint the investors funds may still be able to be used with the filing of the I-526 petition not the investor being able to be filing for the conditional permanent residency visa. Also if the visa quota has been used and the delay for applying for the conditional permanent residency visa is 14 months then this may not be an issue if there is already a delay for the I-526 petitions to be adjudicated is 14 months.

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