Originally Posted by
Spectator
idiotic,
Understand that all EB5-China visas are Fall Across from other Countries in EB5.
In a normal year, EB5 would have 9,940 visas. 7% of that is 696 visas. Under the terms of the Chinese Student Protection Act, China's EB5 allocation is reduced by 700, so China start the FY with zero visas. The only visas available to them are those that other Countries in EB5 do not need.
Therefore, the setting of a Cut Off Date for EB5-China is saying they will use all visas from other Countries in EB5 that are spare. In other words, EB5 will use the total allocation available to it. In FY2015, that seems tp be about 10,275 based on 144,730 total EB visas.
Put another way, there will be no spare visas from EB5 to Fall Up to EB1.
To answer your original question, Fall Across within a Category is given a higher priority than Fall Up to another Category. That way, a Category will use the allocation given to it when there is still demand.