- (3) What is the impact on how many months a visa could take to be issued, especially now that U.S. Embassies are not fully operational due to COVID-19 constraints?
- Visa issuance falls under the purview of the Department of State. For additional information on visa availability and processing please visit travel.state.gov.
- (4) How is USCIS processing Hong Kong petitioners’ cases under the visa availability approach?
- For purposes of the visa availability approach, USCIS will continue to look to the Department of State’s Monthly Visa Bulletin. USCIS compares a petitioner’s country of birth to Chart B of the Visa Bulletin and uses this information, along with other factors, to determine which Form I-526 petitions should be processed first.
- (5) Several investors have suffered temporary halts to construction projects due to COVID-19 and statewide restrictions. Is the IPO considering those when the investors have not proceeded with the business plan due to stoppage of construction? Kindly clarify what the position of the IPO is in these situations.
- Each situation is reviewed on a case-by-case basis and based on the individual facts of the particular case. However, while we acknowledge that the pandemic may affect business realities, the petitioner or applicant must still establish each eligibility requirement by a preponderance of the evidence.
- (6) If the job creation is done and the project is benefitting the public (not only real estate developers), can you have a policy to ensure that investors will not need to reinvest in another project?
Page 12 of 18
