Author：David Enterline（Senior Legal Consultant to HW Wealth Succession Family Office / American Immigration Lawyer）

The Department of State (“DOS”) December 2021 visa bulletin is out and the priority date for non-regional center investments made by EB-5 investors under the EB-5 visa category is current for all countries including China. This is the first time that EB-5 visa numbers have been “current” for Chinese investors since 2015.

The priority date for non-regional center investors being current is a result of the regional center program (“Program”) having lapsed on June 30, 2021. The priority date for Regional Center investors is remains unavailable (U) for all countries.

Tens of thousands of EB-5 investors who filed petitions under the Program cannot be issued visas or be granted adjustment of status; thus, the annual EB-5 visa quota of about 10,000 visas are now available for any investors who have an approved Petition if they made a “Direct” EB-5 investment.   These visas are now available for “Direct” investors.  A “Direct” EB-5 investment means that the investor’s business must directly create 10 jobs for U.S. workers and cannot take advantage of indirect and induced job creation that was available under the Program...