The U.S. Department of State has indicated that if the demand for EB-5 visas continues at its current pace, a cut-off date may need to be established for China late in FY 2014. China currently accounts for about 80% of the total number of EB-5 visas being used. (The Department of State made the same prediction for FY 2012, but no cut-off was needed.)

If a cut-off date is necessary, the Department of State indicates that it is not likely to take effect until July 2014 and is more likely to occur in August or September. Visa numbers will again be allocated at the start of Fiscal Year 2015, which begins October 1, 2014.

The Department of State also provided a count of the number of EB-5 cases currently in the National Visa Center queue. According to DOS, 966 have priority dates of 2011; 2,999 have priority dates of 2012, and 813 have priority dates of 2013. However, because of the long back-logs in EB-5 processing at USCIS, it is difficult to predict how far any retrogression might be.

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