Yesterday, the U.S. Department of State published the Visa Bulletin for February 2025 (see here), confirming that all Reserved EB-5 categories will stay “current” in the upcoming month. The cut-off dates for the Unreserved EB-5 category will also remain unchanged in February.
In the January Visa Bulletin, the State Department issued a note warning of the possibility for cut-off dates to be established for Reserved EB-5 categories in the upcoming months. However, the latest Visa Bulletin confirms that no Final Action Dates or Dates for Filing will be required in February. Additionally, the February Visa Bulletin does not include any further warnings in its notes section, suggesting it is unlikely that cut-off dates will be established for the set-aside categories in March.
As of October 2024, only five (5) EB-5 visas have been issued for the Reserved categories via consular processing in FY2025 (see the “Country-Specific EB-5 Usage by Investment Type” table here), including three (3) visas under the High Unemployment Area category and two (2) visas under the Rural Area category.
EB-5 VISA AVAILABILITY IN FY2025
The Department of State has published the annual limit for all immigrant visa categories for FY2025 (see here), indicating that 10,650 new visas will be allocated to the EB-5 category in the current fiscal year. Of these:
- 2,130 visas (20%) are reserved for the Rural Area category,
- 1,065 visas (10%) are set aside for the High Unemployment Area category, and
- 213 visas (2%) are allocated to the Infrastructure category.
Additionally, 7,242 new EB-5 visas are available for the Unreserved category in FY2025.
Due to the fact that nearly all Reserved EB-5 visas remained unused in the past two fiscal years (read IIUSA’s analysis here), these unused visa numbers will be added to various EB-5 categories in accordance with the EB-5 Reform and Integrity Act (RIA). As a result, the total number of EB-5 visas available for each category in FY2025 is as follows:
- Rural Area: 4,416 visas
- High Unemployment Area: 2,208 visas
- Infrastructure Area: 442 visas
- Unreserved: 11,720 visas
The table below provides a summary of EB-5 visa availability in FY2025 by category:
(EB-5 Visa Availability: FY2022-FY2025)
EB-5 FINAL ACTION DATES (CHART A)
The February Visa Bulletin revealed the following final action dates for EB-5 visa applicants:
-
Unreserved EB-5 Visa Categories:
- China: July 15, 2016 (unchanged from the January Visa Bulletin)
- India: January 1, 2022 (unchanged from the January Visa Bulletin)
- All Other Countries: “Current”
-
Reserved EB-5 Visa Categories:
- All Countries: “Current”
(Chart A on the February 2025 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
In all Reserved EB-5 categories, there are no cutoff dates for applicants in the upcoming month.
In the Unreserved EB-5 category, the Dates for Filing will remain “current” for all applicants in February 2025, except for those born in China or India:
- For Chinese applicants, the Date for Filing will retrogress to October 1, 2016.
- For Indian applicants, the Date for Filing will remain April 1, 2022.
(Chart B on the February 2025 Visa Bulletin)
However, USCIS has announced that it will only accept Chart A (Final Action Dates) for February, meaning the window to use Chart B (Dates for Filing) will be closed in the upcoming month. Eligible EB-5 applicants should act quickly to file their adjustment of status applications while USCIS continues to accept Dates for Filing in January. See below for USCIS’ announcement on its website:
Next Month’s Adjustment of Status Filing Charts
For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2025.
For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for February 2025.
Have you explored IIUSA’s EB-5 Visa Data Dashboard? This powerful tool offers comprehensive insights into EB-5 visa usage, including:
- Year-to-date issuances for Fiscal Year 2025,
- Historical trends in visa number availability versus usage,
- Country-specific statistics on EB-5 green card issuances, and
- Much more.
Stay informed with the latest data to support your decision-making and analysis.
