EB-5 Processing Issues During COVID-19

The American Immigration Lawyers Association (AILA) has a monthly check-in with Charlie Oppenheim, Chief of the Visa Control and Reporting Division at the Department of State. During the August exchange, Oppenheim addressed EB-5 processing issues during the COVID-19 pandemic. We have already seen long processing times, even as the Visa Bulletin advances for previously backlogged countries like India.

Documentarily Qualified Cases Held at NVC

Oppenheim mentioned that a large number of Mainland China-born EB-5 investors were “not documentarily qualified.” This means that EB-5 cases never left the National Visa Center (NVC) and forwarded to the Consulate because NVC checklists or fee payments are outstanding. It was also noted that as a result of the pandemic and the temporary suspension of routine visa services at embassies and consulates, NVC paused shipments of cases. NVC will resume shipments at the request of the embassies and consulates as they assess local conditions and capabilities.

Some EB-5 investors are asked to provide civil documents that were previously uploaded to ASK NVC. You may avoid duplicate requests by uploading all documentation to NVC Electronic at one time. New applications or document requests may occur if a case goes into termination, such as when filing dates retrogress. Documentarily complete cases should restore to that state when the date becomes current again.

NVC Questions

Documents are to be submitted only through the NVC electronic portal. The Ask NVC electronic form is still available to accept questions, but due to the COVID-19 pandemic a statement cautions that NVC is working with reduced staff and requests that only urgent medical or humanitarian inquiries or necessary case updates for pending cases be submitted. Individuals with general questions such as case status and document lists are directed to log in to the Consular Electronic Application Center.

NVC Timelines

Many EB-5 applicants have waited 4-5 months for fee bills to be issued. Please note that a fee bill will not be issued until the case is current. After the visa bulletin is updated each month, the fee bills will be sent within a few days to those with current priority dates. If you receive a notice that NVC has received your case, you should notify the office of any dependents using the NVC Public Inquiry Form. While the current Form I-526 has a place to list derivatives, many EB-5 applicants filed using an older version of the form, requiring those individuals to add on dependents at a later stage.

Do you have questions about the EB-5 program? Contact us at info@challalaw.com to explore how your investment could earn you and your family green cards in the U.S.!

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