By Moustafa Daly
The April 2023 Visa Bulletin by the U.S. Department of State has just hit the web. The bulletin announces the final action dates for all countries, which informs EB-5 investors when they qualify to apply for their green cards based on their countries of origin.
For most countries, the final action date is current; meaning EB-5 investors from all countries can go ahead and file their green card applications without anticipating backlogs or delays – with the exception of mainland China and India.
For mainland China investors, the final actions date remains unchanged since the last visa bulletin, at July 8, 2015.
Similarly, the final action date for India’s EB-5 investors has remained the same since last month, at June 1, 2018.
When it comes to filing adjustment of status applications, investors will now need to file those based on their country’s final action date, as opposed to the Dates for Filing, which USCIS has been allowing the last few months. This puts mainland China and India investors who are seeking an adjustment of status at a disadvantage as the date of filing is often more advanced than the final action date, this month being January 1, 2016 for China and December 8, 2019 for India.
“When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin,” reads the visa bulletin.
As for set-aside categories, the final action dates for all countries, including China and India, are current.
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