In the October visa bulletin, which marks the beginning of the 2025 fiscal year, the Department of State (DoS) changed the filing and final action dates for EB-5 investors in the Unreserved category for foreign nationals from India and Mainland China.
For Indian investors, the final action dates were moved forward to January 1, 2022, from December 1, 2020. The filing date remains April 1, 2022.
Meanwhile, for Chinese EB-5 investors, the final action dates progressed to July 15, 2016, from December 15, 2015. However, their filing dates moved back to October 1, 2016, from January 1, 2017.
Visa retrogression occurs when the demand for visas in a specific category or country exceeds the supply for a given month. This results in the cutoff dates moving backward from the current date, potentially causing delays for applicants, even if their application is approved.
This is the first time these dates have moved in the Visa Bulletin since February 2023. Notably, the dates for applicants from other countries in the set-aside and unreserved EB-5 visa categories remain current. This means no backlogs are associated with their nationalities and categories, providing a smoother process for these applicants.
Date progression benefits EB-5 investors who applied before RIA
According to Bernard Wolfsdorf, Managing Partner of WR Immigration, the data shows the set-aside visa categories (rural, high unemployment, and infrastructure” will remain open for most of the fiscal year, which starts on October 1, 2024. “Despite strong demand and the possibility of a final action date cutoff being established, applicants from China and India and all other countries will continue to be able to concurrently file adjustment of status applications under the reduced investment of $800,000 for the next few months, and possibly for most of 2025. This is a huge advantage as they get 5-year work and travel permits and those on H-1Bs are no longer tied to their employers”.
Wolfsdorf adds that the progress of dates is also favorable for Chinese and Indian applicants who applied before the EB-5 Reform and Integrity Act of 2022 (RIA).
“The China waiting line had been stuck in 2015 since there were several ‘surge’ filings that year. In addition, the waiting line was impacted by over-demand, COVID-19 delays, and the program lapse. The good news is the Final Action Date (chart A) advanced from December 15, 2015, to July 15, 2016, a full seven months. While it can advance or retrogress based on monthly visa availability, this is a huge leap forward. This means that persons from China who filed adjustments under the date for filing (chart B) with filing dates up to July 15, 2016, can now be approved by USCIS, and persons waiting abroad can expect to be issued green cards. For Indian nationals in the waiting line the news is even better. The Final Action Date or chart A moved a over a year from December 1, 2020, to January 1, 2022, which will allow many Indians to obtain their conditional green cards”, said Wolfsdorf.
As to the retrogression in filing dates for Indian EB-5 investors, the EB-5 attorney explains: “It appears the prior chart B Date for Filing was too optimistic. However, since Chart B has been closed for adjustment filings for many months, as a practical matter, those who were in the US lawfully and eligible to file adjustment of status applications have already filed.”
Nonetheless, Wolfsdorf expects 2025 to be “another excellent year for the new EB-5 program that has brought in over $4.5 billion in investment and created thousands of new jobs.”
Dates also mostly moved forward for Chinese and Indian applicants’ EB-2 and EB-3 visa categories, except for a few retrogressions.
The Visa Bulletin provides essential information about immigrant visa availability, including filing and final action dates. For EB-5 investor visas, Chart B shows the filing date for submitting forms to the U.S. immigration agency, while Chart A indicates the final action date for visa issuance. These dates are crucial for the processing of immigrant visas and the adjustment of status.
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