EB-3 Category: No Major Changes for China and India
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.
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 | 15MAR23 | 22MAR20 | 15JUL12 | 15MAR23 | 15MAR23 |
| 3rd | 15NOV22 | 01APR20 | 01NOV12 | 15NOV22 | 15NOV22 |
| Other Workers | 01DEC20 | 01JAN17 | 01NOV12 | 01DEC20 | 01DEC20 |
| 4th | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| Certain Religious Workers | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| 5th Unreserved (including C5, T5, I5, R5) | C | 15JUL16 | 01JAN22 | C | C |
| 5th Set Aside: Rural (20%) | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%) | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%) | C | C | C | C | C |
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 – 20%) | C | C | C | C | C |
| 5th Set Aside: (High Unemployment – 10%) | C | C | C | C | C |
| 5th Set Aside: (Infrastructure – 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.
