Indian EB-1 Visa Cutoff Date Advances—But Applicants Still Face Long Delays
The Visa Bulletin for August 2023 introduced long delays for Indian nationals applying for the EB-1 visa. Due to major backlogs in petition processing, the category retrogressed 10 years with the cutoff date placed on January 1, 2012.
This month, the Indian EB-1 classification has finally seen some progress. As of the latest Visa Bulletin for October 2023, the cutoff date is January 1, 2017.
Still, this nearly seven-year backlog means that Indian EB-1 applicants will continue to face very long wait times.
In the years an EB-1 applicant waits for approval, their dependent children may exceed the age limit of 21 and no longer qualify as dependents. Academic or career opportunities may also become unavailable.
In contrast, recent EB-5 investors have received I-526E approvals in less than 12 months. This qualifies them for their initial EB-5 Green Cards. The EB-5 visa is a significantly faster way to get a U.S. Green Card.
Progress in the Chinese and Indian EB-5 Cutoff Dates
Since the EB-5 Reform and Integrity Act of 2022 (RIA) was signed into law, China and India — two of the largest EB-5 markets — have experienced a surge in demand. Although the number of pending applications is still substantial, United States Citizenship and Immigration Services (USCIS) has finally made progress in clearing these backlogs.
The Indian final action date for unreserved EB-5 visas has advanced by 20 months, moving from April 1, 2017 to December 15, 2018.
While the Chinese category has progressed as well, the change is less significant, moving just one month from September 8, 2015 to October 1, 2015.
Only EB-5 applicants who filed their I-526E petitions prior to these dates are eligible for a visa.
All other countries remain listed as “Current” for the unreserved EB-5 category, meaning their applicants are eligible to receive an EB-5 Green Card regardless of their priority date.
EB-5 Offers A Fast Route to a Green Card; Get an EAD and Travel Permit in Only Days
Of the annual EB-5 visa pool, 32% is set aside for projects in targeted employment areas (TEAs) and infrastructure projects.
Of these, 20% are reserved for rural TEAs, 10% for high-unemployment TEAs, and the remaining 2% for infrastructure projects.
Roughly 18 months since set-aside visas were introduced to the EB-5 program, all three reserved visa categories remain marked as “current” for all countries, meaning there is no processing backlog.
EB-5 investors who qualify for a reserved visa are not subject to their country’s assigned cutoff date, meaning they can bypass the lengthy waiting times they would face otherwise with a standard EB-5 visa.
This allows applicants to obtain their Green Cards following I-526E approval. Moreover, USCIS grants priority processing to the I-526E petitions of rural TEA investors.
It is important to keep in mind that there is a limited number of reserved visas each year, meaning these categories can become backlogged as well. Therefore, the larger supply of set-aside rural visas makes it a safer option for Chinese and Indian nationals; applicants who invest in a rural TEA project will have the best chance of getting a reserved visa before the supply is exhausted.
In addition to the prospect of getting a Green Card quickly, the EB-5 program also offers an exciting new benefit for holders of non-immigrant visas (such as H-1B, L-1, E-2, and F-1). EB-5 investors who hold any of these visas can immediately adjust their immigration status upon filing Form I-526E. This allows them to apply for an employment authorization document (EAD) and a travel permit while their EB-5 petition is processed.
A recent EB-5 investor in EB5AN’s Twin Lakes project got an EAD and travel permit in only 60 days.
Quick Route to U.S. Residency With EB-5 Visa
By qualifying for a reserved EB-5 visa, Chinese and Indian nationals can immigrate to the U.S. much faster than the standard EB-5 process and many other visa categories.
However, there is a limited number of set-aside visas available. To ensure eligibility, we encourage Chinese and Indian nationals to start planning their EB-5 investments as soon as possible.
For real-life examples of how to go about the EB-5 process, including finding an immigration attorney and selecting a project, watch EB5AN’s investor interview series.
We also encourage you to schedule a free consultation with EB5AN and find out if EB-5 is right for you.
