The filing dates and final action dates for EB-5 applications remained intact in the March visa bulletin. There is also no indication yet of a potential backlog that the Department of State (DOS) cautioned in January that might occur sometime this year.
For Indian investors applying for the EB-5 visa under the Unreserved category, the final action date is Jan. 1, 2022, while the filing date remains Apr.1, 2022. Meanwhile, the final action date for Mainland Chinese investors is Jul. 15, 2016, with a filing date of Oct. 1, 2016.
Meanwhile, applicants from other nationalities applying under the Unreserved and three set-aside categories face no backlogs. This means that they can proceed without the waiting lines affecting their application.
Notably, this time, the visa bulletin did include updates on final action dates for the EB-4 category. Given high demand and usage throughout the first half of the fiscal year, the USCIS had “to retrogress the final action date in the EB-4/SR categories for the month of March to keep issuances within the annual limit.”
The agency also cautioned there is a possibility that the EB-4 category may be declared “Unavailable” in the coming months, potentially as soon as April.
“The situation will be continually monitored, and any necessary adjustments made accordingly. In the event that the category becomes “Unavailable,” EB-4/SR visa numbers will be available on Oct. 1 with the start of FY-2026,” the USCIS said.
What are the filing and final action dates?
They are calendar days that serve as crucial milestones in the immigration process for EB-5 applications and other U.S. visa categories.
The filing date is when applicants can submit their EB-5-related forms to the USCIS. The final action date indicates when USCIS can issue a visa to an approved EB-5 investor (who has completed the process, not just the I-5626 application).
Potential EB-5 set-asides backlog still pending
In the January visa bulletin, the DOS cautioned about a potential backlog affecting EB-5 visa applications under the set-aside categories: rural, high unemployment areas (HUA), and infrastructure. If demand continues to soar, the backlog may occur sometime during fiscal year 2025 (which ends on Oct. 31). This expected backlog can significantly affect concurrent filing, which is a popular pathway for foreign nationals living in the U.S. on other visas, like H-1B, to adjust their immigration status while their EB-5 petition is still under review.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
