is a recurring
by editorial board
EB-5 Petition Based
Processing Trends at U.S.
Consulate in Guangzhou,
by Nataliya Rymer and Kate Kalmykov
The U.S Consulate in Guangzhou is considered both high
volume and high potential for fraud when it comes to processing of immigrant visas, a key step in the immigration process
for EB-5 investors. As such, extra precautions should be taken
when going through consular processing in Guangzhou. The
expected retrogression for EB-5 applicants from mainland
China incentivizes the speedy submission of immigrant visa
applications in hopes of increasing the chances of receipt of
immigrant visas prior to retrogression. However, there are
important issues with respect to the immigrant visa process at
the U.S. Embassy in Guangzhou which should be considered.
Failure to take these issues into account may in fact result in
the delay of processing, rather than its expedition. We offer the
below pointers which take into account the strict adjudication
trends at this consulate.
1. Preparation and submission of the electronic immigrant
visa applications (Form DS-260) and supporting documents:
a. Information requested: The immigrant visa application
(DS-260) requests a lot of information, such as a list of
residences going back to the age of sixteen, employment for
the last ten years, as well as a lot of additional information.
TIP: It is very important to provide all of this
information accurately and consistent with the
information provided along with the I-526 petition.
Any inconsistencies or missing information may
cause delays in the processing of the applications.
TIP: Where the errors remain unaddressed at the time of
the submission of the applications and documents, copies
of correspondence with NVC requesting said corrections
should be included with the submission. This also applies
to cases where the NVC fails to issue visa fee bills for all
d.Expediting immigrant visa processing: In limited
circumstances, it may be possible to expedite the
processing of the immigrant visa applications by
having the NVC forego preliminary processing of these
applications and forward them directly to the consulate.
Where electronic processing is assigned, in addition
to the electronic submission of the immigrant visa
application, the supporting documents are submitted via
e-mail. This substantially decreases the pendency of the
process, from the submission of the required documents
until the scheduling of the immigrant visa interview.
TIP: While the NVC normally assigns cases for electronic
processing, it may be possible to request that a particular
case is switched from regular to electronic processing by
emailing email@example.com. NVC has the discretion to
decline or accept this request.
Guangzhou, Mainland China
b. Documents requested: It is required that copies of
certain civil documents be provided along with the
TIP: It is important to submit all of the documents
required as failure to do so can cause delays subsequent
to the submission, as well as requests for evidence. The
Department of State lists these requirements on their
c. Accuracy of names: Oftentimes, the National Visa
Center (NVC) records the names of the investor and/or
the dependent family members inaccurately, providing
visa fee bills that contain errors. Every effort should be
made to review the visa fee bills carefully and to inform
the NVC of any errors, requesting correction.
EB5 INVESTORS MAGAZINE