Late last week, the U.S. Department of State published the May 2025 Visa Bulletin (see here), showing that the Unreserved EB-5 final action date for Indian applicants will retrogress by an additional 184 days, moving from November 1, 2019, to May 1, 2019. This marks the second consecutive retrogression for India’s Unreserved EB-5 cut-off date, following the significant 792-day retrogression in April. In total, the Unreserved EB-5 final action date for India has retrogressed by 976 days across April and May, surpassing the 905-day retrogression for China during the same period.
The Department of State also provided the following explanation for the continued retrogression:
D. RETROGRESSION OF EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) UNRESERVED FINAL ACTION DATE FOR INDIA
High demand and number use by India in the EB-5 unreserved visa categories, combined with increased Rest of World demand and number use, made it necessary to further retrogress the India final action date to hold number use within the maximum allowed under the FY-2025 annual limits. Please note that it may also become necessary to establish a final action date for Rest of World countries if demand and number use continues to increase. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
In May, the Unreserved EB-5 cut-off date for China will remain unchanged at January 1, 2014. All Reserved EB-5 categories will remain “Current” for the upcoming month.
Additionally, USCIS will continue to accept only Chart A (Final Action Dates) for employment-based adjustment of status (AOS) applications in May, unchanged from the policy in April.
EB-5 FINAL ACTION DATES (CHART A)
The May Visa Bulletin revealed the following final action dates for EB-5 visa applicants:
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Unreserved EB-5 Visa Categories:
- China: January 22, 2014 (unchanged from the April Visa Bulletin)
- India: May 1, 2019 (retrogress by 184 days from the April Visa Bulletin)
- All Other Countries: “Current”
-
Reserved EB-5 Visa Categories:
- All Countries: “Current”
(Chart A on the May 2025 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
All Reserved EB-5 categories remain “current” across the board, confirming that there are no cutoff dates for applicants in these categories in the upcoming month.
For the Unreserved EB-5 category, the Dates for Filing will remain “current” for all applicants in May, except for those born in China or India:
- For Chinese applicants, the Date for Filing will retrogress to October 1, 2016 (unchanged from the March Visa Bulletin);.
- For Indian applicants, the Date for Filing will remain April 1, 2022 (unchanged from the March Visa Bulletin).
(Chart B on the May 2025 Visa Bulletin)
USCIS AOS Filing Charts for April 2025
According to USCIS, in May, the agency will continue to accept only Chart A (Final Action Dates) for employment-based adjustment of status (AOS) applications, meaning the window to use Chart B (Dates for Filing) will remain closed in the upcoming month. 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 May 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 May 2025.
Have you explored IIUSA’s EB-5 Visa Data Dashboard? This powerful tool offers comprehensive insights into EB-5 visa usage, including:
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Stay informed with the latest data to support your decision-making and analysis.
