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U.S. State Department Announces Annual Cap Reached for EB-5 Unreserved Category

by Hyacinth

U.S. State Department Halts Issuance of EB-5 Visas for Fiscal Year 2024.

The U.S. State Department, alongside U.S. Citizenship and Immigration Services, has announced that all legally available visas under the unreserved EB-5 Immigrant Investor Program for Fiscal Year 2024 have been issued. As a result, embassies and consulates have been instructed to pause the issuance of immigrant visas in these categories until the start of the new fiscal year on October 1, 2024.

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Each fiscal year, approximately 140,000 immigrant visas are allocated for employment-based categories, which include EB-1 through EB-5 visas. Within this allocation, around 10,000 visas are set aside for the EB-5 investor visa program. These visas are also subject to per-country limits as outlined in the Immigration and Nationality Act. The act sets the annual cap for EB-5 visas at 7.1% of the total employment-based visas available, with 68% of this allocation reserved for unreserved visa categories such as C5, T5, I5, R5, RU, and NU.

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Moreover, the EB-5 Reform and Integrity Act of 2022 allows any unused reserved EB-5 visas from Fiscal Year 2022 to be rolled over into unreserved categories for Fiscal Year 2024, contributing to the current situation where all available visas have now been exhausted.

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The suspension will remain in place until the new fiscal year begins, at which point visa issuance is expected to resume.

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