The Visa Bulletin, published monthly by the Department of State (DOS), is an invaluable source of information for U.S. Green Card applicants. It keeps them updated on the availability of immigrant visas in different categories, such as the EB-5 investor visa, so that they know when to proceed with their visa application. It also helps them estimate the waiting time for their Green Cards and modify their future plans accordingly.
The Visa Bulletin is a comprehensive document packed with numbers, and it can be overwhelming for applicants to interpret it. They must familiarize themselves with the various terms mentioned in the bulletin to understand the data and use it to their advantage.
This article is a detailed guide on how to read the Visa Bulletin, with an analysis of the EB-5 visa classification.
The Need for the Visa Bulletin
Distribution of Immigrant Visas
Priority Date
Cut-Off Dates
Visa Retrogression
EB-5 Category
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The Need for the Visa Bulletin
Before we go into the details of the Visa Bulletin, we must understand how it came into existence.
Every year, a limited number of immigrant visas are made available for qualified applicants, which are then distributed into several categories. For most categories, there is a maximum limit on the number of visas that can be allocated, plus a 7% per-country cap for applicants from each country.
Since the demand for Green Cards is much higher than the annual visa availability, backlogs develop for those categories or countries where the number of applications exceeds the limited visa quota. A backlog means that applicants must wait for visas to become available in their category before they can proceed with their application, even if their petition has been approved.
The monthly Visa Bulletin functions as a periodic notification on the Green Card waiting list. It informs applicants if a visa is available for their petition and helps them track their place in the queue.
Distribution of Immigrant Visas
DOS issues nearly one million Green Cards annually, of which a majority are issued to immediate relatives (the spouse, parents, and unmarried children under 21) of U.S. citizens. This category is exempt from any numerical limit and, therefore, has no waiting time or backlog. That’s why this category does not appear in the Visa Bulletin.
The other two major categories under which immigrant visas are issued every year are the family-sponsored and employment-based classifications. Both these categories are subject to a numerical ceiling on the total number of immigrant visas that can be issued annually.
Generally, the yearly visa availability for the family-sponsored category is about 226,000, and for the employment-based category visas, it is 140,000. These limits may be exceeded if certain immigrant visas in the previous fiscal year are not fully used.
The annual family-based and employment-based visa quota is further distributed into sub-categories, as explained below.
Family-Based and Employment-Based Sub-Categories
The U.S. law grants immigrant visas to family members of U.S. citizens and lawful permanent residents if they are eligible in one of the following family preference sub-categories:
- F1: Unmarried adult children (21 years of age and older) of U.S. citizens.
- F2A: Spouses and unmarried minor children (under 21) of lawful permanent residents.
- F2B: Unmarried adult children (21 years of age and older) of lawful permanent residents.
- F3: Married children of U.S. citizens.
- F4: Siblings of U.S. citizens (if the U.S. citizen is 21 years of age and older).
In the employment-based category, immigrant workers who contribute to the U.S. economy are granted permanent residency if they fulfill the eligibility requirements in one of the following sub-categories:
- EB-1: Priority workers.
- EB-2: Professionals who hold advanced degrees or have extraordinary ability.
- EB-3: Skilled workers and professionals.
- EB-4: Special immigrants.
- EB-5: Immigrant investors.
Each of the family-sponsored and employment-based sub-categories is allocated visa numbers in a certain ratio. Additionally, there is a 7% cap on the total number of visas that can be issued to applicants from a particular country, known as the “area of chargeability.” A particular category or area of chargeability becomes backlogged when there are more Green Card applicants than the visa quota.
Every month, the Visa Bulletin is published to show the status of visa availability in the various categories and to provide other visa-related updates. By following the Visa Bulletin, applicants can regularly check for changes related to their petition and estimate when they can expect to receive their Green Cards.
For this, they must understand the concept of priority dates and cut-off dates mentioned in the Visa Bulletin.
Priority Date
To calculate visa availability for Green Card applicants, the United States Citizenship and Immigration Services (USCIS) assigns a priority date to each immigrant visa petition. For EB-5 investors, the priority date is the date USCIS accepts Form I-526E for processing.
Upon receiving a petition, USCIS sends a receipt of notice (Form I-797, Notice of Action) to the petitioner with the priority date for the petition mentioned on this notice.
The priority date determines the applicant’s place in the visa queue. Those with earlier priority dates are in front of applicants with priority dates later than theirs in a certain category.
If visas are available for all applicants in a particular category and chargeability area, that category is listed as “current” in the Visa Bulletin. There is no waiting in these categories, and applicants can proceed with their application regardless of their priority date.
When there aren’t enough visas for applicants in a particular category or area of chargeability, priority dates are used to determine who can proceed. Such oversubscribed categories or countries are assigned cut-off dates in the Visa Bulletin.
By comparing their priority date with the cut-off dates listed in the Visa Bulletin, applicants can know when to move forward with the Green Card process.
Cut-Off Dates
There are two cutoff date charts in the Visa Bulletin: the “Final Action Dates” chart and the “Dates for Filing” chart.
The Final Action Dates chart indicates that an immigrant visa is available for applicants whose priority dates are earlier than the corresponding cut-off dates mentioned in the chart, and they can proceed with the visa application. Applicants with priority dates after the cut-off date must wait until the final action date moves ahead of their priority date.
The cut-off dates mentioned in the Dates for Filing chart allow applicants to initiate the immigrant visa application process well before a visa becomes available for them. Applicants whose priority dates are earlier than the dates for filing can assemble and submit their necessary documents at the National Visa Center (NVC) a few months before their priority date becomes current.
As soon as their priority date becomes earlier than the final action date in their category, the NVC can start processing their documents without any delay.
Visa Retrogression
The cut-off dates on the Visa Bulletin generally move forward or stay unchanged. However, sometimes the dates can move backward. This is called visa retrogression.
Depending on the fluctuation of the demand for visa numbers, the cut-off date movement can slow down, stop, or retrogress. Visa retrogression occurs when a particular category or country becomes oversubscribed, i.e., the applications outnumber the visa supply. This usually happens toward the end of the fiscal year as visa issuance approaches the annual limits.
However, visa retrogressions can occur at any time, and applicants must submit their documents as soon as the Visa Bulletin indicates Green Card availability for their petition. If they delay filing when their priority date becomes “current” or falls earlier than the cut-off date during a month, they could risk retrogression in the coming months.
EB-5 Category
The EB-5 program is a U.S. immigration program designed to attract foreign investment into the American economy. It offers Green Cards to foreign investors and their family members (the spouse and unmarried children under 21) in exchange for investing in a business venture if the investment creates at least 10 full-time jobs for U.S. workers.
The minimum EB-5 investment amount is $800,000 for targeted employment area (TEA) projects and $1,050,000 for all other EB-5 projects.
TEAs are designated rural areas or high-unemployment regions that qualify for special benefits under the EB-5 program. Besides the advantage of lower capital requirement, TEA project investments qualify for 32% reserved set-aside visas mandated by the EB-5 Reform and Integrity Act of 2022 (RIA).
The distribution of the 32% reserved EB-5 visa quota is as follows:
- 20% for projects in rural TEAs.
- 10% for projects in high-unemployment TEAs.
- 2% for specific infrastructure projects.
Set-aside visas are a new category introduced post-RIA, with no current backlogs. Foreign nationals who invest in projects qualified for the 32% reserved visa quota can skip the longer pre-RIA unreserved category queue and process their Green Cards much faster.
How Chinese and Indian Nationals Can Avoid the Green Card Backlog
Looking at the EB-5 category in the August 2024 Visa Bulletin, we can see that final action dates are “current” for all categories and all chargeability areas except for China and India in the unreserved category. It shows that there is a waiting list of EB-5 visa applicants in this category, creating a years-long backlog for both countries.
For China, the final action date goes as far back as December 15, 2015, i.e., a visa is available only for investors who have received priority dates earlier than this date. Similarly, for Indian investors, the final action date is December 1, 2020, indicating a backlog of four years.
On the other hand, reserved EB-5 categories are “current” for all countries, including China and India. As reserved category visas are still available, there is no waiting time for filing the Green Card application once the I-526E petition is approved.
This is an excellent opportunity for potential investors from China and India, as they can reduce their Green Card waiting time by years by choosing a TEA investment.
As a word of caution, recent data estimates show that the high-unemployment category may already have become oversubscribed even though it is still “current” in the latest Visa Bulletin. This is because more projects were available in this category when set-aside visas were announced. However, many rural projects have since entered the EB-5 market, giving EB-5 investors a wider choice of projects qualified for reserved visa quota.
Considering the anticipated backlog in the high-unemployment category, rural TEA projects are undoubtedly the better option for Chinese and Indian investors. Also, with the largest share of the reserved visa quota, the rural category is less likely to get backlogged in the near future.
Another key advantage of investing in rural TEA projects is that rural EB-5 applications qualify for priority processing by USCIS, which will further shorten their processing time.
As a matter of fact, many rural EB-5 investors have received I-526E approvals in less than a year, making them eligible for a Green Card within months.
Contact EB5AN for Expert Guidance
Obtaining a U.S. Green Card can be a lengthy process for applicants, involving visa shortages and many years of extended processing delays. However, foreign nationals can accelerate their Green Card journey by taking the EB-5 pathway to permanent residency, especially through the rural visa quota.
If you want to avoid the immigrant visa backlog, EB5AN can provide you with fast-track Green Card options suitable for your needs.
To hear about the real-life success stories of EB-5 investors, check out our testimonials.
If you’d like to know more about the EB-5 visa process, book a free call with our expert team today.
