In the January Visa Bulletin, the Department of State (DOS) has once again advanced the final action dates and filing dates for EB-5 investors from China and India in the Unreserved category, in a long-awaited move.
For Indian petitioners in the Unreserved category, the Final Action Date advanced to May 1, 2022, from July 1, 2021. The filing date for Indian applicants moved to May 1, 2024, from April 1, 2022.
“The ten-month advancement for Indian investors marks a substantial shift,” says Tony Wong from Wong & Associates. “It is expected to ease the backlog for Pre-RIAs’ Indian petitioners through increased availability of visa allocations.” The EB-5 Reform and Integrity Act of 2022 (RIA) took effect in March 2022.
Meanwhile, the Final Action Date for Chinese EB-5 applicants advanced to August 15, 2016, from July 15, 2016. The filing date for this nationality also progressed to August 22, 2016, from July 22 of that same year.
The last time these dates progressed that much for these investors was in October 2024.
As dates move forward, more visa numbers become available to investors, benefiting those from high-demand countries such as India and China by providing more opportunities to secure EB-5 visas.
EB-5 dates for set asides remain current and there are no signs of backlogs
The filing and final action dates for countries other than India and China in the Unreserved category, and for applications under the EB-5 set-aside categories, remain current.
“The lack of Visa Bulletin movement for Rural and High Unemployment must reflect a lack of movement by the government in processing visa applications,” says Suzanne Lazicki of Lucid Professional Writing in her blog.
There is also no sign yet of a backlog in applications with projects filed under the EB-5 set-asides. The absence of backlogs could indicate a smoother processing flow for those petitions. The DOS cautioned in January 2024 that this could occur soon.
“The government stopped publishing monthly visa issuance statistics back in May, so there’s no visibility into their progress and performance,” Lazicki adds. “But no surprise if visa processing volumes remain low, considering all the new layers of vetting that have been added.”
The monthly updates reported in the visa bulletin provide valuable information for EB-5 applicants and their legal advisors to plan their applications effectively. Knowing the precise dates facilitates strategic planning and ensures that applicants are well prepared for each step of the process.
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