Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm
Aug 4, 2017

EB-5 China Quota backlog now 10 years long? Time to look to the Grenadian Passport and E-2 Visa for Some Relief!

By: Matthew Galati (马修 加拉蒂) 

The EB-5 Program continues to be a popular option for foreign investors wishing to immigrate with their families to the United States. But it might now be too popular for Chinese-born investors. According to the USCIS 2017 Ombudsman Report, as of September 2016 “there are just over 10,000 approved investor petitions awaiting an…immigrant visa” The high demand for EB-5 filing has created a visa backlog since 2014. In the report, USCIS estimates that the backlog for Chinese nationals to receive conditional residency is now 10 years or longer.

USCIS’ sobering news further highlights the need for alternatives. As we have mentioned before, Chinese investors can alleviate the pain of the EB-5 quota backlog by obtaining an E-2 Nonimmigrant Investor Visa through Grenadian citizenship. The E-2 visa can be issued for a period of five years, with no limit on the number of E-2 visa extensions that one might secure. Spouses and dependent children can obtain their own E-2 visas, which allow them to work in the U.S. and attend public or private school until the age of 21, respectively.

Only citizens of countries that have treaties with the U.S. are able to apply for an E-2 visa. While China does not have an E-2 treaty with the U.S.,  Grenada is the only country in the world that offers citizenship by investment and also holds an E-2 treaty with the United States. The processing period for obtaining Grenadian citizenship and then an E-2 visa takes mere months, enabling a family to reside in the U.S. while their EB-5 priority dates become current. Families which have already filed EB-5 petitions are not precluded from applying.

Contact us today for more information:

mgalati@gands-us.com

WeChat: mgalati

Recent Blogs

Sep 05, 2019

Senator Rand Paul Seeks Congressional Action to Halt EB-5 Program Changes

As we previously discussed, United States Citizenship and Immigration Services (USCIS) proposed substantial changes to the EB-5 regulations on July 24, 2019. The “EB-5 Immigrant Investor Program Modernization Rule” is scheduled for implementation on November 21, 2019. It appears that the Administration will apply the rule, as written, unless Congress acts to stop it. Learn more.

Aug 29, 2019

Update: French E Visa Validity Policy Will Take Effect September 26, 2019

The revised reciprocity schedule for E visa classifications for France announced that the validity period of E-1 and E-2 visas issued to French foreign nationals would be reduced to 15 months, down significantly from a maximum validity period of five years (or 60 months). The roll-out date has been pushed back. Learn more.

Aug 23, 2019

Final Action Dates Leap Forward on the Latest Visa Bulletin and Indian EB-5 Applicants are the Big Winners

The September 2019 Visa Bulletin was recently published and it contains significant changes for some visa applicants. Learn more in this blog.