EB-3 Category: Mexico and the Philippines see retrogression, with priority dates moving from December 1, 2021, to December 1, 2020.
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 forward movement for China (December 15, 2015) and India (December 1, 2020).
The September 2024 Visa Bulletin shows EB-1 and EB-2 categories remain unchanged. However, there is a notable shift in the EB-3 category, where applicants from Mexico and the Philippines now face a retrogression, with priority dates moving back by a year.
Final Action Dates
Chart A: This chart 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 | 01NOV22 | 01FEB22 | C | C |
| 2nd | 15MAR23 | 01MAR20 | 15JUL12 | 15MAR23 | 15MAR23 |
| 3rd | 01DEC20 | 01SEP20 | 22OCT12 | 01DEC20 | 01DEC20 |
| Other Workers | 01DEC20 | 01JAN17 | 22OCT12 | 01DEC20 | 01MAY20 |
| 4th | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| Certain Religious Workers | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| 5th Unreserved (including C5, T5, I5, R5) | C | 15DEC15 | 01DEC20 | 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 September 2024 Visa Bulletin reflect minor changes:
EB-5 Set-Aside Visas: These remain “Current” for all countries, including China and India. Investors filing under these reserved categories can proceed with their applications without delays.
Unreserved EB-5 Visas (Pre-RIA Investors): The cut-off dates for unreserved visas remain unchanged for China (December 15, 2015) and India (December 1, 2020). This consistency reflects ongoing backlogs for these nationalities, which continue to face significant wait times.
Dates for Filing
Chart B: Indicates when investors can submit their visa or adjustment of status applications in advance of a visa number becoming officially available. For September 2024, Chart B shows no changes for China (January 1, 2017) and India (April 1, 2022).
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01JAN23 | 08FEB22 | C | C |
| 2nd | 22MAR23 | 01JUN20 | 22JUL12 | 22MAR23 | 22MAR23 |
| 3rd | 01FEB23 | 01JUL21 | 01NOV12 | 01FEB23 | 01JAN23 |
| Other Workers | 08JAN21 | 01JUN17 | 01NOV12 | 08JAN21 | 15MAY20 |
| 4th | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| Certain Religious Workers | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 | 01FEB21 |
| 5th Unreserved (including C5, T5, I5, R5) | C | 01JAN17 | 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 |
Importance of the Visa Bulletin for EB-5 Investors
Understanding the Visa Bulletin is critical for EB-5 investors, as it directly affects their visa timelines and overall immigration strategy. The bulletin not only informs investors of when they can proceed with their visa applications but also highlights potential delays due to retrogression.
For EB-5 investors, especially those from high-demand countries like China and India, navigating the complexities of the Visa Bulletin is essential. While the bulletin provides a current snapshot of visa availability, it does not predict future trends, making it important to stay informed and consult with immigration experts.
Navigating Retrogression
Retrogression continues to pose significant challenges for investors from countries with high application volumes. The September 2024 bulletin confirms ongoing retrogression for China and India in the unreserved EB-5 visa category. Investors should carefully consider their options, including set-aside categories, which currently offer more favorable conditions.
The Visa Bulletin, while a critical tool for understanding current visa availability, is not predictive. It does not forecast future visa trends or retrogression, making it vital for investors to seek guidance and use multiple information sources to effectively plan their immigration journey.
