EB-3 Category: China advances 2 months, with priority dates moving from April 1, 2020, to June 1, 2020. India advances 1 month, with priority dates moving from November 8, 2012, to December 1, 2012.
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): No Major Changes for China and India.
The Department of State and USCIS: There are increased I-526E petition approvals, and both agencies see increasing numbers of individuals processing their applications to completion in the EB-5 set-aside categories. It may become necessary to establish Dates for Filing and Final Action Dates during the fiscal year to ensure that issuances in these categories do not exceed annual limits.
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 | 01FEB22 | C | C |
| 2nd | 01APR23 | 22APR20 | 01OCT12 | 01APR23 | 01APR23 |
| 3rd | 01DEC22 | 01JUN20 | 01DEC12 | 01DEC22 | 01DEC22 |
| Other Workers | 08DEC20 | 01JAN17 | 01DEC12 | 08DEC20 | 08DEC20 |
| 4th | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| Certain Religious Workers | U | U | U | U | U |
| 5th Unreserved (including C5, T5, I5, R5, NU, RU) | C | 15JUL16 | 01JAN22 | 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 January 2025 Visa Bulletin reflect the following:
In the January 2025 Visa Bulletin, the EB-3 category for India sees a forward movement of a month, advancing to December 1, 2012. China advances 2 months, moving forward to June 1, 2020. EB-5 Set-Asides remain “Current” for all countries, allowing investors to proceed with their applications without delays.
*Note: The U.S. Department of State and USCIS have observed an increase in I-526E petition approvals and a growing number of investors completing the application process in EB-5 set-aside categories. Due to this rising demand, it may become necessary to introduce Dates for Filing and Final Action Dates during the fiscal year to prevent issuances from exceeding annual limits. Both agencies will closely monitor the situation and make adjustments as needed.
This note underscores the increasing popularity of EB-5 visas, particularly among investors from China and India. Although immediate retrogression is not expected, the warning serves as a clear signal to investors to act promptly while visa availability remains current.
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 October 2024, 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 | 01OCT20 | 01JAN13 | 01AUG23 | 01AUG23 |
| 3rd | 01MAR23 | 15NOV20 | 08JUN13 | 01MAR23 | 01MAR23 |
| Other Workers | 22MAY21 | 01JAN18 | 08JUN13 | 22MAY21 | 22MAY21 |
| 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.
