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Visa Update with Charles Oppenheim and

Roundtable DiscussionPanelists:

Irina Rostova, Rostova Westerman Law Group (Moderator)Charles Oppenheim, Visa Control Office, U.S. Department of State

David Hirson, Davis Hirson & Partners

Immigrant Visa Control and Reporting Division

Charlie OppenheimChief

EB-5 Number Use: China-mainland Born vs. Rest Of WorldFY 2014 – FY 2019

9,128

8,156

7,516 7,567

4,342 4,326

1,564 1,608

2,431 2,523

4,960 5,142

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000

10,000

FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019

Num

ber o

f Iss

uanc

es +

Adj

ustm

ents

of S

tatu

s

China - mainland born Rest of World

(85%)

(84%)

(76%) (75%)

(47%) (46%)

EB-5 Number Use By Top Countries Of Current Interest Other than China-mainland Born: FY 2015 – FY 2019

Annual Per Country Limit: approximately 700

0

100

200

300

400

500

600

700

800

Brazil China - Taiwan born India South Korea Vietnam

Num

ber o

f Iss

uanc

es /

Adj

ustm

ents

of S

tatu

s

FY 2015 FY 2016 FY 2017 FY 2018 FY 2019

Number of EB-5 Applicants on Petitions Received at NVC 2016 – 2019

Note: - Rest of World data excludes China-mainland born, and those countries listed above. - The numbers above include all EB-5 applicants on petitions (principle investors plus any qualified family derivatives)

91159 150 148

348

773

292400

514 523

1,117

2,180

385470

963

696

1,693

2,119

232 189

819

487

1,1261,012

0

500

1,000

1,500

2,000

2,500

Brazil China - Taiwan born India South Korea Vietnam Rest of World

EB-5

Pet

ition

s Rec

eive

d

2016 2017 2018 2019

Top Countries of EB-5 Number Use FY 2019

Country FY 2018 FY 2019

China-Mainland born 48.3% 45.7%

India 6.1% 8.0%

Vietnam 7.2% 7.6%

Korea, South 5.5% 7.3%

Brazil 4.0% 5.2%

China – Taiwan born 4.7% 4.5%

Venezuela 2.5% 1.8%

Hong Kong 2.1% 1.8%

Mexico 1.8% 1.5%

South Africa 0.9% 1.3%

Rest of World 16.4% 15.3%

China - mainland born (4,326: 45.7%)

Rest of World(1,449: 15.3%)

India (759: 8.0%)

Vietnam (716: 7.6%)

South Korea (695: 7.3%)

Brazil (493: 5.2%)

China – Taiwan born (427: 4.5%)

Venezuela (172: 1.8%)

Hong Kong (167: 1.8%) Mexico (138: 1.5%) South Africa (122: 1.3%)

Otherwise Unused EB-5 Numbers(FY 2020 Estimated)

Example of determination and distribution of such numbers:

Annual Limit: 11,000 (can vary slightly) Per-Country Limit: 770

11,000 (Annual Limit)- 70 China (reduction for Chinese Student Protection Act)

- 770 India (at limit)- 770 Vietnam (at limit)- 4,190 All Other Countries (Estimated)

5,200 “unused” numbers (estimated) available for use by countries that reached their per-country limit in priority date order

EB-5 Applicants with Petitions on File at NVC and Estimated USCIS Applicant Data (As of October 1st, 2019)

Foreign State of Chargeability

Actual Number of Applicants

at NVC

DoS ESTIMATEDNumber of Applicants with Petition on File

at USCIS

Estimated Grand Total

Brazil 212 765 977

China-mainland born 35,264 13,325 48,589

India 607 4,100 4,707

South Korea 221 1,900 2,121

China-Taiwan born 101 1,241 1,342

Vietnam 1,771 3,200 4,971

Rest of World 1,011 6,480 7,491

Grand Total 39,187 31,011 70,198

Potential Wait Time (Estimated)* Until Visa Number AvailabilityIf the I-526 Petition IS FILED TODAY (October 29, 2019)

1.4

16.2

6.7

3

1.9

7.1

0

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

Brazil China - mainland born India South Korea China - Taiwan born Vietnam

Num

ber o

f Yea

rs

*These estimates cannot encompass all variables, such as dissipation from petition revocations, deaths, age outs, withdrawals, etc.; or increases from family "acquired" before visa issuance, possible legislation or other governmental action that might impact the amount of numbers available for use each year.

These could be considered worst-case scenarios and are not applicable to the EB-5 applicants whose I-526 petition has been filed before October 29th, 2019.

Wait time estimate is the number of years between the time an I-526 petition is filed on October 29th, 2019 and the time when an EB-5 visa is likely to be available based on current number use patterns. These estimates include the processing time of adjudicating an I-526 petition.

PowerPoint Sponsored by:PowerPoint Sponsored by:

Visa Update with Charles Oppenheim and

Roundtable DiscussionPanelists:

Irina Rostova, Rostova Westerman Law Group (Moderator)Charles Oppenheim, Visa Control Office, U.S. Department of State

David Hirson, Davis Hirson & Partners