April 2025 Visa Bulletin at a glance:
EB-3 Category: China advances 3 months, with priority dates moving from August 1, 2020, to November 1, 2020. India advances 2 months, with priority dates moving from February 1, 2013, to April 1, 2013.
EB-5 Set-Asides: Remain “Current” for all countries, including China and India; qualifying investors in the U.S. can continue to file Adjustment of Status (Form I-485).
Unreserved EB-5 Visas (Pre-RIA Investors): China retrogresses 2.5 years (From July 15, 2016, back to January 22, 2014). India retrogresses 2.2 years ( From January 1, 2022, back to November 1, 2019).
Final Action Dates
Chart A outlines when actual visa numbers are available. Investors whose priority dates precede the dates listed in Chart A are eligible to have their visa issued or their status adjusted. The “Current” status in certain categories, including the EB-5 Set-Asides, indicates no backlog, allowing for the immediate issuance of immigrant visas upon I-526E approval.
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 08NOV22 | 15FEB22 | C | C |
| 2nd | 22JUN23 | 01OCT20 | 01JAN13 | 22JUN23 | 22JUN23 |
| 3rd | 01JAN23 | 01NOV20 | 01APR13 | 01JAN23 | 01JAN23 |
| Other Workers | 22MAY21 | 01APR17 | 01APR13 | 22MAY21 | 22MAY21 |
| 4th | U | U | U | U | U |
| Certain Religious Workers | U | U | U | U | U |
| 5th Unreserved (including C5, T5, I5, R5, NU, RU) | C | 22JAN14 | 01NOV19 | C | C |
| 5th Set Aside: Rural (20%, including NR, RR) | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%, including NH, RH) | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%, including RI) | C | C | C | C | C |
The Final Action Dates for Employment-Based Immigrant Visas in the April 2025 Visa Bulletin reflect the following:
In the April 2025 Visa Bulletin, the EB-3 category for India sees a forward movement of 2 months, advancing to April 1, 2013. China advances 3 months, moving forward to November 1, 2020. EB-5 Set-Asides remain “Current” for all countries, allowing investors to proceed with their applications without delays.
The EB-5 Unreserved Category Retrogression for China and India:
The April 2025 Visa Bulletin shows retrogression in the EB-5 Unreserved Final Action Dates for China and India. It also notes that the Rest of the World Unreserved category may receive a final action date later this year.
Dates for Filing
Chart B shows when investors can submit their visa or adjustment of status applications in advance of a visa number becoming officially available. For April 2025, Chart B shows the following:
Employment-Based
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JAN23 | 15APR22 | C | C |
| 2nd | 01AUG23 | 01NOV20 | 01FEB13 | 01AUG23 | 01AUG23 |
| 3rd | 01MAR23 | 15NOV20 | 08JUN13 | 01MAR23 | 01MAR23 |
| Other Workers | 22JUN21 | 01JAN18 | 08JUN13 | 22JUN21 | 22JUN21 |
| 4th | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| Certain Religious Workers | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| 5th Unreserved (including C5, T5, I5, R5) | C | 01OCT16 | 01APR22 | C | C |
| 5th Set Aside: (Rural: NR, RR – 20%) | C | C | C | C | C |
| 5th Set Aside: (High Unemployment: NH, RH – 10%) | C | C | C | C | C |
| 5th Set Aside: (Infrastructure: RI – 2%) | C | C | C | C | C |
While the Visa Bulletin offers a snapshot of current visa availability, it does not predict future trends. Therefore, staying informed and seeking expert advice is critical for EB-5 investors who want to avoid delays and make the most of available opportunities.
Importance of the Visa Bulletin for EB-5 Investors
For EB-5 investors, comprehending the Visa Bulletin is essential. It not only influences their timeline for securing a visa but also impacts the strategies and planning for their investment and migration journey. Knowledge of how Chart A and Chart B operate, along with understanding the effects of retrogression, aids investors in effectively navigating the complexities of the immigration process. As such, the Visa Bulletin acts not just as a source of information but as a strategic asset for EB-5 investors, guiding them throughout their immigration journey.
In the EB-5 program, investors have two primary pathways to obtain a Green Card: Adjustment of Status (AOS) or Consular Processing. Investors residing outside the U.S. are required to wait for the approval of their Green Card petition before they can schedule an interview at a consulate.
However, applicants in the U.S., who have invested in Reserved Visa Categories (Rural 20%, High Unemployment 10%, or Infrastructure Projects 2%), have the option to do Concurrent Filing. This process allows them to file their I-526E Petitions alongside Adjustment of Status (AOS, Form I-485), Employment Authorization Document (EAD, Form I-765), and Travel Permit (Advanced Parole, Form I-131) simultaneously. As a result, within 2 to 3 months, these investors can access advanced Green Card benefits, which are valid for 5 years. This arrangement streamlines the process, reducing waiting times and providing immediate advantages like work authorization and travel flexibility.
H1-B visa holders from China and India, who face long waits due to retrogression in the EB-2 and EB-3 visa categories, have the option to bypass these delays by investing in a Targeted Employment Area (TEA) EB-5 Project and concurrently filing for Adjustment of Status (AOS). However, investors from these regions should exercise caution due to the potential for upcoming retrogression in the High Unemployment category, even though it is currently listed as “Current.” In contrast, investors in Rural EB-5 projects are less likely to encounter immediate retrogression, benefiting from a larger allocation of set-aside visas in this category. This suggests they may experience less severe future delays compared to other categories.
Retrogression
The priority date is significant because there is a yearly limit (“Visa Caps”) on the number of EB-5 visas that can be issued, and applicants from countries with a high number of applicants can face visa backlogs, similar to a traffic jam. If demand outstrips supply, the government stops issuing visas for that country, and priority dates can stall or move backward, delaying when applicants can receive their visas. This backward movement, known as “retrogression”, can happen abruptly and delay the family’s immigration process for several years.
When a country is retrogressed, all existing applicants that have not yet received their conditional Green Card must wait until the next fiscal year to become eligible for their Green Card to be issued—even if they already have a I-526E (conditional Green Card) approval. Often times, retrogressions have ripple effects into subsequent years. Retrogression presents significant challenges and uncertainties for EB-5 Visa applicants, impacting their immigration timelines, financial plans, and overall well-being.
