u/KyoMeetch

Hi Everyone,

It's been a while and we've had a lot of new people join the subreddit, so I've decided to host another AMA. For those who haven't met me yet, I'm an EB-5 immigration attorney in New York running my own practice (mitchelleb5.com) and of counsel with the Law Offices of Li & Associates. I am also the creator and moderator of this Subreddit and its associated investors-only WhatsApp Group.

Drop your EB-5 questions below and I'll answer as accurately as I can. Heads up: my answers here are general information, not legal advice for your situation, and I don't give investment advice.

When: Thursday, May 21, 2:00 PM ET / 11:00 AM PT I'll start with questions submitted ahead of time and keep answering until the AMA wraps.

Disclaimer: My answers in this AMA are general legal information only. They are not legal advice and do not create an attorney-client relationship. For advice on your specific situation, please consult with an attorney directly.

I look forward to answering your questions!

Thanks,

Kyle

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Hi Everyone,

The June 2026 Visa bulletin just released. No movement on any EB-5 category, meaning concurrent filing still remains in effect for reserved categories, but no progress in the unreserved categories. It's suggested that Indian unreserved EB-5 may retrogress further in the next month. Indian EB-1 and EB-2 Final Action Dates have retrogressed.

Excerpts:

"E.  RETROGRESSION IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) AND EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) FINAL ACTION DATES FOR INDIA

High demand and number use by aliens chargeable to India in the EB-1 and EB-2 visa categories haves made it necessary to retrogress the final action dates to hold number use within the FY 2026 annual limit.  Further retrogressions, or making the categories “unavailable,” may be necessary in the coming months if India’s pro-rated limits in the EB-1 or EB-2 categories are reached before the fiscal year ends.  This situation will be continually monitored, and any necessary adjustments will be made accordingly."

"F.  VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) CATEGORY FOR CHINA

Sufficient demand and increased number use by aliens chargeable to China in the EB-2 visa category may make it necessary to retrogress the final action date or make the category “unavailable” in the coming months to hold number use within the maximum allowed under the FY 2026 annual limit.  This situation will be continually monitored, and any necessary adjustments will be made accordingly."

"H.  VISA AVAILABILITY IN THE EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) UNRESERVED CATEGORY FOR INDIA

Sufficient demand and increased number use by aliens chargeable to India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date or make the category “unavailable” in the next month to hold number use within the maximum allowed under the FY 2026 annual limit.  This situation will be continually monitored, and any necessary adjustments will be made accordingly."

Hello Everyone,

A representative from EB5 Investors Magazine & Uglobal Magazine reached out about an EB-5 event happening in Cupertino on May 16th and asked if I would be open to sharing the details with the community. I am posting this on their behalf, as I believe it will be beneficial to many of you. The event is free for aspiring or existing investors to join and will feature a range of EB-5 professionals from across the industry.

Event details

Saturday, May 16, 2026, 8:00 AM to 5:00 PM Juniper Hotel Cupertino, Curio Collection by Hilton 10050 South De Anza Blvd, Cupertino, CA 95014 Cost: Free for attendees.

What attendees can expect

The event will include presentations from multiple active EB-5 regional centers and project sponsors; panels and Q&A sessions with EB-5 attorneys; and other immigration/mobility experts. Along with the opportunity to directly connect with these experts and network with your fellow aspiring EB-5 investors.

Registration

https://www.eventbrite.com/e/eb-5-global-immigration-pitch-day-silicon-valley-tickets-1983991521047

Q&A in this thread

Nico from EB5 Investors Magazine (u/Nickzon2020) said he will be in the thread to answer any related questions you may have.

Most of you are already aware of the upcoming Grandfathering deadline approaching at the end of September. I'm making this post to raise awareness for some of the unexpected factors that you may not be aware of:

-The time crunch for lawyers:

It takes time to review funds for EB-5 validation (especially now with USCIS being as strict
as it’s ever been), it also takes time to prepare the EB-5 filings. With the looming deadline attorneys will be backlogged and more labor will be disbursed to international teams and paralegals (if it’s not being done already). Prices may also increase due to demand and the rushed nature of filings.

-Project availability:

The pool of available (good) projects is unlikely to significantly expand to keep up with the upcoming demand as we approach the deadline. Therefore, as open spots on competitive projects become limited administrative fees are likely to be increased.

-Hidden backlogs:

While all reserved categories are current, India and China are experiencing a long line of pending investors who have already filed. The longer you wait, the further back you are placed in the queue. One who files today could be looking a much shorter processing time than one who files in September.  

-Unexpected delays:

It’s common for potential investors to believe they already have all their ducks in a row prior to engaging with a professional only to get stuck with time consuming fund issues or unexpected medical delays. While these delays have been trivial in the past, they can disastrous as we get closer to the deadline.

 

This is my opinion, not legal advice. I don’t like to rush investors, but you deserve to be informed.

Thank you everyone for your contributions to this community! I can’t believe we’ve already hit 1,000 members when yesterday we were at less than 900. Watching this community grow and grow has been very fun, and I’m glad to see so many of you now have a place to connect without dealing with the sales pressure that the other EB-5 communities have. I’ll continue to keep this place curated. If you have any questions or ideas feel free to reach out!

 

Looking forward, we have an upcoming AMA later this week with a FINRA-Broker/Business Plan Writer so keep an eye out for that. Also feel free to check out the WhatsApp group to speak with other investors/aspiring investors. Just dm me here on Reddit with your WhatsApp info and your reasoning why you would like to join the community to be added. The WhatsApp community is at over 600 investors now and is very active with a few subgroups, but keep in mind it’s only for investors and those interested in investing with EB-5. We also recently added a group specifically for direct EB-5 Investors so check it out if you like.

 

In case you don’t know who I am, my name is Kyle Mitchell, and I am an EB-5 attorney. If you’re also a member of the EB-5 industry then I’m happy to allow your participation, I just remind you that this social media page is primarily for investors and aspiring investors to collaborate. I ask that you do not use this platform to push sales and you follow the SubReddit’s other rules listed in the sidebar. Also, please dm me so I can verify who you are and give you the appropriate user flair (For example, FINRA Broker, Business Plan Writer, RC Representative etc.) so community members are aware who they are exchanging comments with. If any members have a complaint about another user please feel free to reach out to me.

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Thanks again, I’ll see you at the next milestone!

AILA (American Immigration Lawyers Association) released a Practice Alert today stating there are credible reports that USCIS will be pausing all asylum and AOS cases along with potentially all other USCIS adjudications where fingerprints are taken. Supposedly, the hold will be temporary in order to implement USCIS's new vetting process concerning biometrics. Currently it is unknown how long this pause will be in effect. I'll update on the subreddit once more news comes in.

Most of the investors I speak to generally want to decide on a project before locking down an attorney. I understand this because if one doesn't feel secure with their investment then EB-5 may not be worth pursuing in the first place. The first disadvantage to this approach is the desired project reaching capacity before the SOF is validated.

A less obvious issue comes down to whether the investor's funds are viable in the first place. It's unfortunately common for one to take for granted that their funds are usable when they're not. This is especially true with international transfers and the commingling of accounts. Therefore, I recommend to discuss general funds viability prior to investing extensive time into researching projects and to not begin moving funds until informed of best practices.