Last week, the U.S. Department of State released the monthly Visa Bulletin for August 2024 (see here), showing no change for EB-5 cut-off dates in the upcoming month.
Within all three “reserved” EB-5 categories, all countries will remain “current” in the approaching month. In the “unreserved” EB-5 category, the final action date for China remains December 15, 2015 in August while this date will continue to be December 1, 2020 for Indian nationals. The EB-5 dates for filing in July will remain the same as those from the previous Visa Bulletin, maintaining at January 1, 2017 for Chinese applicants and April 1, 2022 for Indian nationals. However, USCIS currently only accepts the Final Action Date chart in the Visa Bulletin in July and August for filing application for adjustment of status with USCIS (see here).
IIUSA published a comprehensive analysis on the latest EB-5 visa statistics. Our report concludes that the cut-off dates for “unreserved” EB-5 category are expected to remain unchanged during the remainder of FY2024, while the final action dates for all “reserved” EB-5 category will continue to be “current” for the rest of FY2024 and likely throughout FY2025 (see here for the Ten Key Takeaways on the Latest EB-5 EB-5 Data and Visa Processing from the Department of State).
EB-5 FINAL ACTION DATES (CHART A)
The August Visa Bulletin revealed the following final action dates for EB-5 visa applicants:
- Applicants associated with unreserved EB-5 visa categories:
- China: December 15, 2015 (Unchanged);
- India: December 1, 2020 (Unchanged);
- All Other Countries: “Current”;
- Applicants associated with an EB-5 project within the reserved EB-5 visa categories:
- All Countries: “Current”;
- Eligible EB-5 investors who invest in one of the “reserved” visa categories can take advantage of the concurrent filing of their I-526E petition and application for adjustment of status.
- All Countries: “Current”;
(Chart A on the August 2024 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
In all “reserved” categories, there are no cut-off dates for applicants across the board.
In the “unreserved” category, dates for filing will continue to be “current” for all EB-5 applicants in July 2024, with the exception of the investors who were born in China or India. For these applicants, the dates for filing date will remain January 1, 2017 for Chinese nationals and April 1, 2022 for Indian applicants. However, as noted on the agency’s website here, USCIS currently only accepts the Final Action Date chart (Chart A) in the Visa Bulletin in July and August for filing application for adjustment of status.
(Chart B on the August 2024 Visa Bulletin)
EB-5 VISA DATA DASHBOARD
Keep yourself informed about the latest trends in EB-5 visa usage by exploring the IIUSA’s EB-5 Visa Data Dashboard. This powerful tool provides comprehensive data insights related to EB-5 visa usage, offering information such as year-to-date EB-5 visa issuance for fiscal year 2024, historical comparisons of available versus utilized EB-5 visa numbers, country-specific statistics on EB-5 green card issuances, and more. Access valuable information at your fingertips through this resourceful data tool.
