By Marta Lillo
The October 2023 visa bulletin released by the State Department shows significant increases in final action dates and dates for filing applications for EB-5 investors. It is the first time the dates have moved since May.
As of October, EB-5 investors from countries other than China and India face no backlog issues as the final action date for their applications remains current.
For Chinese investors, the final action date for EB-5 green card applications progressed to Oct. 1, 2015, from Sep. 8, 2015, marking a one-month progression after remaining stagnant since May 2023. Meanwhile, the final action date for Indian EB-5 investors jumped to Dec. 15, 2018, from Apr. 1, 2017.
Dates for filing applications for EB-5 investors also changed in October
Dates for filing an EB-5 petition also changed for Chinese and Indian applicants. The date for Chinese investors jumped one year, from Jan. 1, 2016, to Jan. 1, 2017; for Indian investors, it progressed almost a year and a half, from Dec. 18, 2019, to Apr. 1, 2022.
Also, all countries’ dates are current for the new set-aside categories.
According to the State Department, final action dates across most employment-based visa categories, including EB-5, advanced because new visa numbers are available for the 2024 fiscal year (the 2023 fiscal year ended Sep. 30).
“Date advancements reflect an intention to keep visa issuance within quarterly limits per [Immigration and Nationality Act] INA sections 201(a)(2) and 203(g), with potential date advancements throughout the fiscal year. However, actual date movements will depend on visa demand and issuance patterns throughout FY-2024,” the agency stated in the October Visa Bulletin release.
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