In the EB-5 program there are 10,000 annual visas available. Each country may receive 7% of the total quota. When one country’s demand is greater than the available number of visas, that country is said to be oversubscribe and retrogression happens. At that point there is a waiting list. For an immigrant investor to file a petition for a Green Card, by either an adjustment of status if in the U.S. or consular processing if in their home country, then their priority date (the official date of filing of their I-526 petition) must be current according to the Visa Bulletin.
An important issue impacting investors from retrogressed countries is redeployment. The EB-5 program requires that an investor’s capital must be “at risk” throughout the two-year period of conditional residency. Thus, investors from retrogressed countries cannot have their investment capital from a loan to the New Commercial Enterprise returned to them after a typical five-year loan; to continue to qualify for a Green Card, they must redeploy their investment capital into a new investment project till the end of their conditional permanent residency.
As of the time of this writing, investors without “current” priority dates from China, Vietnam, and India are subject to retrogression.
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