Today, the U.S. Department of State published the monthly Visa Bulletin for October 2023 (see here). This marks the first monthly visa bulletin in fiscal year (FY) 2024, and it reveals significant forward movements for cut-off dates in the EB-5 “unreserved” visa category.
Specifically, the EB-5 final action date for China will be October 1, 2015, advancing by 23 days from the previous visa bulletin. The date for filing will move to January 1, 2017, representing a significant advancement of 366 days. As for Indian EB-5 applicants under the “unreserved” category, the final action date will advance by 623 days to reach December 15, 2018, in the upcoming month. The date for filing will be April 1, 2022, showing an impressive forward movement of 845 days from September.
These substantial changes in the filing dates enable more existing EB-5 investors with pending I-526 petitions to concurrently file their adjustment of status applications, which is made possible by the 2023 EB-5 Reform and Integrity Act (the “RIA”). Furthermore, it’s worth noting that the EB-5 Regional Center program, protected by the RIA, will not be affected by the impending government shutdown in October.
EB-5 FINAL ACTION DATES (CHART A)
The October Visa Bulletin revealed the following final action dates for EB-5 visa applicants:
- Applicants associated with unreserved EB-5 visa categories:
- China: October 1, 2015 (23-Day Forward Movement);
- India: December 15, 2018 (623-Day Forward Movement);
- 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 October 2023 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
In October, 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 advance significantly from the last visa bulletin, which will be January 1, 2017 for Chinese nationals and April 1, 2022 for applicants from India.
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 October 2023 Visa Bulletin)
EB-5 VISA DATA DASHBOARD
IIUSA is excited to launch this new EB-5 Visa Data Dashboard. This powerful tool brings comprehensive data insights related to EB-5 visa usage to your fingertips, including year-to-date EB-5 visa issuance for fiscal year 2023, historical EB-5 visa number availability versus use, country-specific statistics on EB-5 green cards issuance, and more.
