EB-3 Category: China sees retrogression, with priority dates moving from September 1, 2020, to April 1, 2020. India advances slightly, with priority dates moving from October 22, 2012, to November 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): China sees forward movement, with priority dates advancing from December 15, 2015, to July 15, 2016. India also advances, with priority dates moving from December 1, 2020, to January 1, 2022.
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 | U | U | U | U | U |
| 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 |
The Final Action Dates for Employment-Based Immigrant Visas in the October 2024 Visa Bulletin reflect the following:
In the October 2024 Visa Bulletin, the EB-3 category sees retrogression for China, with priority dates moving back to April 1, 2020, while India experiences a small forward movement of 10 days, advancing to November 1, 2012. EB-5 Set-Asides remain “Current” for all countries, allowing investors to proceed with their applications without delays.
In the unreserved EB-5 visas for pre-RIA investors, there is notable forward movement for China, advancing to July 15, 2016, and for India, moving forward to January 1, 2022, offering some relief to investors in these categories.
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.
