This week, the U.S. Department of State released the September Visa Bulletin (see here), showing no changes to EB-5 cut-off dates in the last month of the current fiscal year.
Within all three reserved EB-5 visa categories, all countries will remain “current” in the upcoming month. In the unreserved EB-5 category, the final action date for China remains December 15, 2015, in September, while this date will continue to be December 1, 2020, for Indian nationals. The EB-5 dates for filing in September will remain the same as those in the previous Visa Bulletin, staying 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 for filing applications for adjustment of status with USCIS in August and September (see here).
Overall, FY2024 proved to be a very positive year for pre-RIA EB-5 visa applicants from China and India. The final action dates advanced 98 days for Chinese applicants and 1,340 days for Indian applicants in this fiscal year, and the dates for filing moved forward 366 days for China-born applicants and 845 days for India-born EB-5 applicants. According to the State Department, the unreserved EB-5 cut-off dates for both China and India are expected to advance in October once additional visa numbers are allocated in the new fiscal year (see here for the Ten Key Takeaways on the Latest EB-5 Data and Visa Processing from the Department of State).
EB-5 FINAL ACTION DATES (CHART A)
The September 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 September 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 September 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 August and September for filing application for adjustment of status.
(Chart B on the September 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.
