DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014

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According to the U.S. Department of State, effective Saturday, August 23, 2014, the China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of the fiscal year 2014. This action is necessary because the maximum level of numbers which may be made available for use by China EB-5 applicants during fiscal year 2014 has been reached.

The unavailability affects China EB-5 applicants first requesting an interview at a U.S. Embassy or Consulate abroad, as well as “comeback” applicants originally scheduled for interview in an earlier month who are just now returning. It also affects the ability of U.S. Citizenship and Immigration Services (USCIS) to act on pending cases. USCIS will continue to accept and process China EB-5 applications in the normal manner, but they will be held until October 1, 2014.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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