Marking the first visa bulletin of the new fiscal year, the October 2024 Visa Bulletin released by the U.S. Department of State indicates some key movements in the EB-5 visa category, while the dates remain current for all country nationals except India and China.
Most importantly, the final action date for Chinese applicants under the unreserved EB-5 category will move forward to July 15, 2016, marking a notable 213-day improvement.
Indian EB-5 applicants will also enjoy continued advancements in final action dates.
On the other hand, USCIS has announced that the agency will accept employment-based adjustment of status applications according to the Dates for Filing chart in October.
Final Action Dates
- Advancement for India and China in the EB-5 Unreserved Category
- EB-1 and EB-3 Movements for India and China; Major EB-3 Worldwide Advancements
Dates for Filing
Investing in Reserved EB-5 Categories Can Streamline Your Green Card Application
EB5AN Can Help You Through the EB-5 Process
Final Action Dates
This chart shows the final action dates for employment-based immigrant visas as listed in the October 2024 Visa Bulletin. These cut-off dates determine whether immigrant visas are available based on applicants’ priority dates.
A priority date is when the initial Green Card application was submitted to USCIS. For EB-5 applicants, this is the date they filed Form I-526E.
If an applicant’s priority date is earlier than the final action date in their category, they can proceed with their visa application.
When a final action date is marked as “C” or “current,” it means there’s no backlog for that nationality, and the visa can be issued immediately after approval.
Advancement for India and China in the EB-5 Unreserved Category
There are some significant changes in the final action dates for China and India in the EB-5 category this month.
For China, the final action date in the EB-5 unreserved category will move forward by seven months, bringing it to July 15, 2016. This marks a record jump since the beginning of the Chinese EB-5 visa retrogression.
Meanwhile, for India, the final action date will see a notable advancement of over one year, with the new cut-off date set at January 1, 2022.
The EB-5 set-aside categories are “current” for all nations, including India and China, indicating no backlog in these categories.
Applicants who invest in projects eligible for these reserved visas can proceed with their immigration process as soon as their I-526E petitions are approved.
EB-1 and EB-3 Movements for India and China; Major EB-3 Worldwide Advancements
The final action date for India in the EB-1 category will remain the same, while China will advance by about a week to November 8, 2022.
In the EB-3 category, the movements are mixed. The final action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, moving back to April 1, 2020. The cut-off dates for Indian applicants will slightly move forward from October 22, 2012, to November 1, 2012.
On the other hand, EB-3 Professionals and Skilled Workers worldwide will see a significant advancement. The final action date for all countries aside from India and China will move forward by almost two years, with the new cut-off set at November 15, 2022.
Dates for Filing
The “Final Action Date” chart indicates when a visa is likely to be available based on an applicant’s nationality and category, whereas the “Dates for Filing” chart sets the date when an applicant can submit their visa application after their I-526E is approved.
Retrogression for China in EB-5
For EB-5, all reserved and unreserved categories in the Dates for Filing chart are “current,” except for China and India.
India has the same cut-off dates in the unreserved category as the previous visa bulletin, while the dates for filing for Chinese applicants will see a slight retrogression of three months, shifting back to October 1, 2016.
Dates for filing for Chinese applicants in the EB-3 category will also retrogress, shifting back by nearly eight months to November 15, 2020.
Indian EB-1 applicants will see an advancement of about two months to April 15, 2022. The Indian EB-3 category will also move forward by more than seven months to June 8, 2013.
The dates for filing in the EB-3 Worldwide category will advance, albeit modestly, by one month to March 1, 2023.
Investing in Reserved EB-5 Categories Can Streamline Your Green Card Application
The EB-5 Reform and Integrity Act of 2022 (RIA) designated 32% of the annual EB-5 visa quota for set-aside visas, specifically for projects in targeted employment areas (TEAs) and certain infrastructure projects. Of this, 20% is reserved for rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects.
According to the October 2024 Visa Bulletin, these categories are “current” for all countries, which means there are no backlogs and visas are immediately available.
EB-5 investors from high-demand countries like India and China can bypass the lengthy wait times in the unreserved visa category by investing in projects that qualify for these set-aside visas.
Rural EB-5 project investors can accelerate their Green Card process even more, as USCIS offers priority processing for rural I-526E petitions.
However, the number of reserved visas is limited, so investors should begin their EB-5 process as soon as possible to secure their place before these categories face backlogs.
EB5AN Can Help You Through the EB-5 Process
Navigating the EB-5 process becomes simpler with the support of experienced professionals. To gain a deeper understanding of the program and minimize both financial and immigration risks, you should consult with a knowledgeable immigration attorney.
For firsthand insights into each step of the EB-5 journey, you can explore EB5AN’s investor interview series.
We also recommend scheduling a free consultation with EB5AN, where our expert team is ready to address your questions and provide personalized guidance.
