September 2023 Visa Bulletin: No Change for EB-5; Employment-Based Visa Use Reaches Annual Limit

 

This week, the U.S. Department of State published the monthly Visa Bulletin for September 2023. The last monthly visa bulletin of FY2023 shows no change on the cut-off dates of EB-5 visa category. In addition, the September visa bulletin also noted that employment-based visa number use during FY2023 is expected to reach the annual limit by the end of the current fiscal year.

EB-5 FINAL ACTION DATES (CHART A)

The September Visa Bulletin revealed the following final action dates for EB-5 visa applicants:

  • Applicants associated with unreserved EB-5 visa categories:
    • China: September 8, 2015 (No Change);
    • India: April 1, 2017 (No Change);
    • All Other Countries: “Current”;
  • Applicants associated with an EB-5 project within the reserved EB-5 visa categories:  
    • All Countries: “Current”; 

(Chart A on the September 2023 Visa Bulletin)

EB-5 DATES FOR FILING (CHART B)

In September, the dates for filing will remain “current” for all EB-5 applicants, except for the applicants who were born in China or India under the “unreserved” visa categories. The date for filing of these applicants will remain the same as they are on the last visa bulletin, which is January 1, 2016 and December 08, 2019 respectively for Chinese and Indian nationals.

Under the 2023 EB-5 Reform and Integrity Act, eligible EB-5 investors whose a priority date is earlier than the Dates of Filing enjoy the benefits of concurrent filing of their I-526(E) petition and application for adjustment of status. 

(Chart B on the September 2023 Visa Bulletin)

 

EMPLOYMENT-BASED NUMBER USE TO REACH ANNUAL LIMIT

EB-5 VISA DATA DASHBOARD

IIUSA is excited to launch this new EB-5 Visa Data Dashboard. This powerful tool brings comprehensive data insights related to EB-5 visa usage to your fingertips, including year-to-date EB-5 visa issuance for fiscal year 2023, historical EB-5 visa number availability versus use, country-specific statistics on EB-5 green cards issuance, and more. 

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