The final action dates for Chinese and Indian EB-5 investors in the Unreserved category have retrogressed by nearly 2.5 years and over two years, respectively, according to the Department of State (DOS)’s April Visa Bulletin.
For Indian investors applying for this investor visa in that category, the final action date is now Nov. 1, 2019, down from Jan. 1, 2022, while the filing date remains April 1, 2022. Meanwhile, the final action date for Mainland Chinese investors is now Jan. 11, 2014, with their filing date continuing to be October 1, 2016.
Unreserved includes all EB-5 applications outside of the new three set aside categories: Rural, High Unemployment Area (HUA), and Infrastructure.
April marks the first movement in the final action dates for EB-5 visas in the Visa Bulletin since October 2024. The DOS commented on the retrogressions, stating, “Increased demand and number use by China and India in the EB-5 unreserved visa categories, combined with increased demand and number use from the Rest of World countries, made it necessary to retrogress the final action dates to hold number use within the maximum allowed under the FY-2025 annual limits.”
Furthermore, the DOS indicated that “it may also become necessary to establish a final action date for Rest of World countries if demand and number use continue to increase. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
Applicants from other nationalities applying under the Unreserved and three set-aside categories face no backlogs in their final action dates or filing dates as of April. This allows them to proceed without the waiting times affecting their applications. However, this situation could change in fiscal year 2025, as the DOS has warned of a potential backlog affecting EB-5 set-aside visa applications.
What are the EB-5 filing and final action dates?
These dates are calendar milestones crucial in the immigration process for EB-5 applications and other U.S. visa categories. The filing date is when applicants may submit their EB-5-related forms to the USCIS. The final action date indicates when USCIS can issue a visa to an approved EB-5 investor who has completed the entire process, not just the I-526 application.
The Visa Bulletin is a vital resource for information regarding the availability of immigrant visas.
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