The August visa bulletin from the Department of State shows that the filing and final action dates for the EB-5 investor visa have remained the same since February.
The dates for EB-5 applications in all subcategories (unreserved and set-asides) for foreign nationals’ applications from all countries except India and Mainland China remain current.
India and Mainland China hold a unique position in the visa bulletin, with specific calendar days for these dates in the unreserved category. These dates are Dec. 1, 2020, and Dec. 15, 2015, for Indian investors, and Apr. 1, 2022, and Jan. 1, 2017, for Chinese EB-5 investors.
No retrogression of dates for EB-3 visa applications
For the EB-3 visa category, the final action date for worldwide applications, except for Mainland China and India, remains Dec. 1, 2021. For these specific countries, the cutoff days are Sep. 1, 2020, and Oct. 22, 2012, respectively.
Unlike the retrogression recorded in July, the DOS did not retrogress dates for EB-3 in August. However, they warned that if the worldwide high demand for this visa continues, “it will likely be necessary to either retrogress the final action date or make the category ‘unavailable’ in September. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
Visa retrogression occurs when more people apply for a visa in a category or country than visas are available for that month, typically toward the end of the fiscal year (Sept. 30). In this case, the cutoff dates move backward than the current date, potentially causing delays for applicants even if their application is approved in the meantime.
What is the Visa Bulletin, and why is it important for EB-5 investors?
The Visa Bulletin is a monthly publication that provides important information about the availability of immigrant visa numbers for various immigration categories, including the employment-based EB-5 investor visa. It is published between Oct. 1 and Sept. 30 every fiscal year.
The report shows two key cutoff times that guide any immigration process: the filing date and the final action date. In the case of EB-5, the filing date is shown in Chart B and indicates when applicants can assemble and submit their forms and documentation to the National Visa Center (NVC) for processing. This date applies to individual form applications and concurrent filing, which involves submitting joint forms to expedite the process. It also helps prepare for the final green card visa interview at a consulate abroad.
Meanwhile, the final action date, found in Chart A, determines when an EB-5 immigrant visa can be issued to investors who have already initiated their applications. These dates are critical for determining when applicants can receive their immigrant visas and become permanent residents of the United States, as they specify when the EB-5 investor can file the adjustment of status form I-485.
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