The August Visa Bulletin provides good news for EB-5 applicants from India and Mainland China. The final action dates for the Unreserved category of EB-5 visas have moved forward, allowing more applicants from these countries to advance in the application process.
The new final action dates are:
– India: Changed from May 1, 2019, to Nov. 15, 2019. This means that Indian EB-5 investors with priority dates before this new date can now proceed to final adjudication, which may shorten their wait times.
– Mainland China: Moved from Jan. 22, 2014, to Dec. 8, 2015. Chinese applicants within those priority dates are now able to move forward, creating new opportunities for them.
An advance in final action dates indicates increased visa availability, allowing more applicants to proceed. While a retrogression signals a limited visa supply, which can cause delays.
Why did the EB-5 final action dates for Mainland China and India change?
The advancement of these dates is due to the U.S. Citizenship and Immigration Services (USCIS) managing visa number usage more effectively.
The agency noted in the August Visa Bulletin that the changes resulted from unused visa numbers from other categories being reallocated to EB-5. However, if the total EB-5 visas run out by the end of fiscal year 2025, the category will be unavailable for the rest of that year.
As for filing dates, these remain Apr. 1, 2022, for India and Oct. 1, 2016, for China.
Additionally, set-aside categories within EB-5 are currently open for filing.
The DOS has also reported that the EB-2 final action date for other countries moved back due to high demand, with the annual limit for FY-2025 expected to be reached by August. If this happens, the category may become unavailable. Meanwhile, the employment-based visa category EB-3 is also close to its annual limits, with potential retrogression or unavailability by September.
The movement of final action and filing dates—whether they advance or retrogress—directly impacts the ability of applicants to move forward with their green card applications.
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