This week, the U.S. Department of State published the Visa Bulletin for October 2024 (see here), marking the beginning of the new fiscal year (FY2025). With the allocation of additional visa numbers, the bulletin reveals historically significant advancements in cutoff dates for China and continued forward movement for India under the Unreserved EB-5 category.
Key Takeaways
- China sees a historic 213-day advancement in Final Action Dates, though filing dates will retrogress slightly.
- India enjoys continued forward movement, with a 396-day advancement in Final Action Dates.
- All Reserved EB-5 categories remain current, with no cutoff dates expected in the near future.
- The reopening of Chart B allows eligible applicants to file adjustment of status applications, providing more flexibility to those still waiting for final action on their petitions.
DATA ANALYSIS
China: Significant Advancement in Unreserved EB-5 Cutoff Dates
The Final Action Date (FAD) for Unreserved EB-5 visas for Chinese applicants will advance to July 15, 2016, representing a record-high 213-day jump to begin the new fiscal year. This is the largest forward movement for China since retrogression first impacted Chinese EB-5 applicants and signals continuing relief for investors who have faced prolonged wait times.
However, the Date for Filing (Chart B) will retrogress to October 1, 2016, marking a 92-day backward movement after moving forward 366 days in FY2024. Additionally, the U.S. Citizenship and Immigration Services (USCIS) has announced the reopening of Chart B for October, which means that eligible Chinese applicants will still be able to file their adjustment of status applications next month, even if their final action date has not yet been reached.
India: Continued Forward Movement
India also sees positive developments in the Unreserved EB-5 category. The FAD for Indian-born applicants will advance by 396 days to January 1, 2022, following an extraordinary 1,340-day advancement in FY2024. The further advancement of the India FAD in FY2025 is another welcoming news for pre-RIA Indian investors who have long faced significant backlogs.
The Date for Filing for Indian applicants will remain April 1, 2022 in the upcoming month. With USCIS reopening Chart B, Indian investors with priority dates earlier than April 1, 2022, will have the opportunity to file adjustment of status applications in October, even if their I-526 petitions are still pending thanks to concurrent filing.
Reserved EB-5 Categories: No Cutoff Dates
For all countries in the Reserved EB-5 categories (rural, high-unemployment, and infrastructure), the visa bulletin continues to show all countries as “current” in the first month of FY2025. Given current trends in I-526E adjudication and the pace of visa issuance, it is expected that no cutoff dates will be required for any Reserved EB-5 categories, at least for the first half of FY2025 and likely for the entirety of the fiscal year (learn more here).
EB-5 FINAL ACTION DATES (CHART A)
The October Visa Bulletin revealed the following final action dates for EB-5 visa applicants:
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Unreserved EB-5 Visa Categories:
- China: July 15, 2016 (213-day forward movement)
- India: January 1, 2022 (396-day forward movement)
- All Other Countries: “Current”
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Reserved EB-5 Visa Categories:
- All Countries: “Current”
(Chart A on the October 2024 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
In all Reserved EB-5 categories, there are no cutoff dates for applicants across the board.
In the Unreserved EB-5 category, the dates for filing will remain “current” for all applicants in October 2025, except for those born in China or India. For Chinese applicants, the date for filing will retrogress to October 1, 2016, while for Indian applicants, the date for filing will remain April 1, 2022.
USCIS has announced that it will accept Chart B for October, meaning eligible applicants will be able to file their adjustment of status applications next month based on the dates for filing. See more details here.
(Chart B on the October 2024 Visa Bulletin)
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