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发帖数: 10 | 1 Check-in with DOS s Charlie Oppenheim: July 21, 2020
Member Questions
QUESTION: Im confused by the recent Check-Ins. About two months ago I asked
the reason for the rapid advancement in China EB-5 considering that
consulates were not issuing visas and it was unlikely that USCIS would
process and adjudicate newly submitted AOS applications before the end of
the fiscal year. Charlie said that it was because applicants were not
responding to NVC and completing the consular processing steps in a timely
manner and also because USCIS had told him they could process a certain
number of AOS cases prior to the end of the fiscal year.
ANSWER: My comments were valid at the time; 1) at that time the dates were
being moved to try and stimulate future responses, despite our not being
able to process cases at this time, but it was hoped processing might be
resumed later in the summer. Plus, the applicants had not been responding in
great numbers based on recent movement of the dates, and it can be many
months from the time an applicant begins submitting documents, and they are
finally fully ready for the scheduling of an interview. 2) I knew that USCIS
had hundreds of potential applicants who could be processed based on the
movement of the dates. That could allow numbers to be used this year, which
had it not been for the movement would have required those applicants using
numbers under the FY 2021 limit.
QUESTION: However, at the most recent check-in, he says basically what I was
saying, that the advancement in the cut-off dates was superficial since the
visa numbers weren t being used at all due to the pandemic cutting off IV
interviews and USCIS processing of AOS applications. If he now thinks that
way, what is the reason behind the advancement of China EB-5 by two weeks
instead of say, none or one week? If, according to him, there is no USCIS
pending demand for EB-5 numbers, then what did he mean in the previous check
-in when he said USCIS told him they could adjudicate new cases? Has USCIS
changed its opinion on its capacity?
ANSWER: By last months check-in three things had become apparent; 1) it was
unlikely that overseas processing of such applicants would return to normal
this fiscal year, 2) we already had over 3,500 China EB-5 applicants who
would be eligible for potential interview once posts are able to return to
full operational status, and 3) future movement of the date would not have
any impact on this year s USCIS number use. Therefore, I have limited
movement of the China date for now, allowing me to get a better
understanding of what impact past movements are having, and what the true
need for numbers is likely to be under the FY 2021 EB-5 limit.
QUESTION: Im also surprised by his comments that EB-5 applicants are not
completing the CP steps. We have a large number of EB-5 China clients with
processing complete letters from NVC and no interview notices, even before
the pandemic began. Is there communication between Charlie and the
consulates regarding interviews and the number they are conducting each
month to ensure visa numbers are being used throughout a fiscal year?
ANSWER: There is no problem with communication. I have not said I didn t
have applicants who were documentarily qualified and eligible for scheduling
. What I had been saying is that (at the time) we didn t have enough of them
based on the expected availability of China numbers, and that there were
significant amounts of China applicants who had not been submitting all of
the required documents despite being notified to do so. Since I began making
those statements to AILA, IIUSA, and others the response rates have
improved. Plus, if it were not for the fact that the COVID issues which have
prevented current processing, we would have insufficient China EB-5 demand
as we enter FY 2021.
QUESTION: We understand that the recent proclamation that seeks to normalize
Hong Kong will effectively cause Hong Kong born persons to become
chargeable to Mainland China. Please confirm whether we should act
consistent with Hong Kong persons being chargeable under the Worldwide/All
Chargeability Areas Except Those Listed until or unless advised otherwise.
ANSWER: I cannot comment on the Hong Kong issue at this time. The Executive
Order (EO) provide 15 days to commence all appropriate actions to implement,
and the issue is currently being reviewed. Please monitor the travel.state.
gov web site for the latest guidance on this issue.
NOTE FROM AILA: During the DOS Open Forum at AC20, AILA asked whether the
July 14, 2020 Executive Order on Hong Kong Normalization would result in
Hong Kong born individuals becoming chargeable to Mainland China. David
Newman, Director of Legal Affairs in the Visa Office, indicated that the
Visa Office is still reviewing this matter, but that Section 103 of IMMACT90
granted separate chargeability treatment to Hong Kong born individuals and
that the proclamation does not alter this.
General Observations
Given reduced processing capacity occasioned by the COVID-19 pandemic, the
Department of State and USCIS are closely collaborating to maximize number
usage for FY20, focusing on processing capacity and the applications that
are capable of being finalized this fiscal year. There continues to be
forward movement in all family-based preference categories and in most
employment-based preference categories in August, with the exception of EB-2
India, EB-4 El Salvador, Guatemala and Honduras and EB-4 Mexico, which hold
at their July dates (July 8, 2009, April 1, 2017 and June 15, 2018
respectively). In particular, there is rapid advancement in the EB-1 and EB-
3 categories. There is insufficient time for new I-485 filings resulting
from these advancements to be processed to completion before the end of the
fiscal year. These movements were instead motivated by a desire to convert
pre-adjudicated demand at USCIS into immigrant visa issuance prior to
October 1, 2020.
Processing capacity has been dramatically diminished at consular posts, and
USCIS normally processes about eighty-five percent of the Employment-based
immigrant visa numbers each fiscal year. Following imposition of final
action dates on EB-1 China and EB-1 India, USCIS continued to process these
applications, and in many cases, even conducted interviews before the
pandemic hit. Thousands of these applications can potentially be finalized
following a renewed security check and/or upon receipt of a medical exam,
thus enabling the employment-based annual limits to be reached or
approximated as closely as possible. If a furlough of USCIS employees occurs
as planned in early August, it could have a significant negative impact on
the government s efforts to maximize immigrant visa number usage for FY20.
Family-based Preference Categories
Recent advancements in the family-based preference categories have resulted
in the accumulation of large amounts of demand and may result in a slow-down
in advancement of the family dates, as there has been limited processing
capacity to finalize these applications.
F2A remains current in August across countries and is expected to remain so
in September and October.
All other Philippines family-based preference categories advance three
months in August, due to a very low response rate and despite rapid
advancement over the past eighteen months. In August, F1 Philippines
advances to September 1, 2011, F2B Philippines advances to April 1, 2011, F3
Philippines advances to November 15, 2001, and F4 Philippines advances to
September 1, 2001.
Family-based preference categories for all other countries will continue to
advance at a pace of two to five weeks in August.
F1 Worldwide (including F1 China and F1 India) advances five weeks from July
8, 2014 to August 15, 2014. F1 Mexico advances two weeks from December 8,
1997 to December 22, 1997.
F2B Worldwide (including F2B China and F2B India) advances five weeks in
August from May 1, 2015 to June 8, 2015. In August, F2B Mexico advances two
weeks from March 8, 1999 to March 22, 1999.
F3 Worldwide (including F3 China and F3 India) again advances three weeks in
August from May 8, 2008 to June 1, 2008, and F3 Mexico advances one week
from July 8, 1996 to July 15, 1996.
F4 Worldwide (including F4 China) again advances two weeks in August from
August 22, 2006 to September 8, 2006. F4 India also advances at a pace of
two weeks from February 8, 2005 to February 22, 2005. F4 Mexico advances two
weeks from June 1, 1998 to June 15, 1998.
Employment-based Preference Categories
EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico
Philippines and Vietnam) remains current in August and will continue to be
so through the end of this fiscal year.
In August the final action date for EB-1 China leaps forward 4.5 months from
August 22, 2017 to February 8, 2018. EB-1 India continues to advance
rapidly but at the slightly slower pace of nine months in August, from May 8
, 2017 to February 8, 2018. AILA members may notice that EB-1 China and EB-1
India now have the same final action date. This is because they have both
reached their per country limits and are now utilizing otherwise unused
numbers from the EB-1 category as well as numbers that have fallen up from
otherwise unused EB-5 numbers. Otherwise unused numbers are available within
the EB-1 category because the rest of world demand is currently
insufficient to fully utilize numbers under the Worldwide limit this fiscal
year. While there is still potential for forward movement in EB-1 China and
EB-1 India in September, any advance movements are unlikely to be as
dramatic as in August.
EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico
Philippines and Vietnam) remains current in August and will remain so
through this fiscal year. EB-2 China advances approximately nine weeks from
November 8, 2015 to January 15, 2016. In contrast, EB-2 India holds at July
8, 2009 in August. It is currently estimated that there is a sufficient
amount of worldwide demand to reach or approximate the EB-2 annual limit for
FY2020.
EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico
Philippines and Vietnam) and EB-3 Worldwide Other Workers (including El
Salvador, Guatemala and Honduras, Mexico Philippines and Vietnam) continue
to advance rapidly at the pace of almost one year in August from April 15,
2018 to April 1, 2019. This advancement includes over three thousand EB-3
Philippines applications which are eligible to be finalized.
EB-3 China leaps forward more than seven months in August from June 22, 2016
to February 15, 2017. EB-3 China Other Workers advances modestly from July
22, 2008 to August 1, 2008. The spread between EB-2 China and EB-3 China,
which held at approximately 7.5 months for some time, widens greatly in
August, putting EB-3 China s final action date 13 months ahead of EB-2 China
. We will have to monitor this to see whether this spurs downgrades to EB-3
China. EB-3 India and EB-3 India Other Workers both advance four months in
August from June 1, 2009 to October 1, 2009.
EB-4 Worldwide (including China, India, Philippines and Vietnam) remains
current in August and likely to remain so for the foreseeable future. EB-4
El Salvador Guatemala and Honduras advances two months in August from
February 1, 2017 to April 1, 2017, while EB-4 Mexico continues to hold at
June 15, 2018.
As predicted, EB-5 India (Regional and Non-Regional Centers) which became
current in July, continues to will remain current in August and is expected
to remain so for the foreseeable future. EB-5 Worldwide (including El
Salvador, Guatemala and Honduras, Mexico and Philippines), Regional and Non-
Regional Centers, will also remain current into the next fiscal year. EB-5
China (Regional and Non-Regional Centers) advances two weeks in August, from
July 22, 2015 to August 8, 2015. EB-5 Vietnam (Regional and Non-Regional
Centers) advances two months and one week, from May 15, 2017 to July 22,
2017, with the hope that this will maximize number usage in this category. | a********n
发帖数: 34 | 2 这个月奥本终于多给了点信息。我就注意到下面这段话，所以是好消息？
In particular, there is rapid advancement in the EB-1 and EB-3 categories.
There is insufficient time for new I-485 filings resulting from these
advancements to be processed to completion before the end of the fiscal year
. These movements were instead motivated by a desire to convert pre-
adjudicated demand at USCIS into immigrant visa issuance prior to October 1,
2020. | n******a
发帖数: 2 | 3 这段话的意思就是，八月九月进了EB3，目的是让之前交表的人绿，另加建库
所以10月有名额之后，很可能后退，以保证不会超发
year
1,
【在 a********n 的大作中提到】
: 这个月奥本终于多给了点信息。我就注意到下面这段话，所以是好消息？
: In particular, there is rapid advancement in the EB-1 and EB-3 categories.
: There is insufficient time for new I-485 filings resulting from these
: advancements to be processed to completion before the end of the fiscal year
: . These movements were instead motivated by a desire to convert pre-
: adjudicated demand at USCIS into immigrant visa issuance prior to October 1,
: 2020.
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