The October 2014 Visa Bulletin reflects that EB-5 visas are now available for Chinese EB-5 investors. In August, the U.S. Department of State (DOS) announced that the EB-5 visa category for Chinese nationals would be unavailable for the remainder of fiscal year 2014. Fiscal year 2015 began October 1, 2014, and so the EB-5 visa category for Chinese nationals is now current and, therefore, immediately available again. Accordingly, Chinese nationals with an approved I-526 petition may immediately apply for their EB-5 immigrant visas at the U.S. Consulate in Guangzhou, China.
According to visa usage trends, it is speculated that EB-5 visas for Chinese nationals will retrogress at some point during the fiscal year 2015. If EB-5 visa retrogression does occur, Chinese EB-5 investors may continue to file I-526 petitions, but will not be able to apply for an EB-5 visa to become a conditional lawful permanent resident in the United States until their priority date listed on their I-526 petition is current in the Visa Bulletin.