Last week, the U.S. Department of State published the monthly Visa Bulletin for June 2023. The new monthly visa bulletin shows a further retrogression of 426 days for India’s final action date under the “unreserved” EB-5 visa category in June 2023. The EB-5 cut-off dates for China will remain the same in the upcoming month. In contrast, under the three “reserved” EB-5 visa categories, all countries (including India and China) will continue to be “current” in June.
EB-5 FINAL ACTION DATES (CHART A)
The June 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 (426-day retrogression from May Visa Bulletin);
- 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 June 2023 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
In June, 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 in June 2023, which is January 1, 2016 and December 08, 2019 respectively. 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 June 2023 Visa Bulletin)
FURTHER RETROGRESSION FOR INDIA
The June Visa Bulletin also included a note to shed some light on the further retrogression of the EB-5 cut-off date for Indian applicants. See the full note from the March Visa Bulletin below:
F. RETROGRESSION IN THE EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) FOR INDIA
As readers were informed was possible in Item F of the May 2023 Visa Bulletin, it has become necessary to retrogress the EB-5 final action date for India effective in June. India’s number use in the family and employment preference categories for FY-2023 is subject to prorating under INA 202(e). Number use has been consistently robust throughout the fiscal year in the family and employment preference categories, and it has been determined that India is approaching its prorated limit for EB-5 numbers. Thus, applicants from India are subject to a final action date of 01APR17. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
