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Implications of EB-5 Visa Retrogression

While the mechanics of visa retrogression on a per-country basis are complex, the reality is that there are only 10,000 visas available each USCIS fiscal year in the EB-5 category. Since each investor has an average of approximately 2 family members applying alongside them, this means that there are roughly 3,300 EB-5 investors that USCIS can approve each fiscal year. However, currently there are more than 7,000 currently pending I-526 petitions with USCIS which means it is likely that the current fiscal year’s visas will be exhausted by investors who are currently pending, and future investors submitting I-526 petitions this year could face delays of over 12 months. Given this change, the market standard escrow release terms for EB-5 projects is changing to allow for earlier release of investor capital pre I-526 approval. This is simply a matter of timing and realistic waiting time for EB-5 projects of which the vast majority cannot deal with funding uncertainty in the 12-24 month range.

To learn more about EB5 Affiliate Network and how we work together with partners to assemble best in class EB-5 projects, please call us directly at 1-800-288-9138.