In the January 2025 Visa Bulletin, USCIS warned that EB-5 visa backlogs are nearing. Historically, backlogs have occurred as fast as one month after a USCIS alert.
If you are an EB-5 investor from China or India, you may not be able to adjust your immigration status after the backlogs take place—and miss out on work and travel documents.
EB5AN VP Ahmed Khan, one of the leading EB-5 immigration attorneys, discusses why it’s important to act quickly and avoid investing after the backlogs begin.
By planning your investment carefully and moving fast, you could secure your future in the United States. In a short time, you could enjoy work and travel permits, much like a U.S. permanent resident.
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The Upcoming EB-5 Backlogs
A growing backlog is emerging for Chinese and Indian investors in urban EB-5 projects. This issue revolves around the total number of visas needed and the limited availability per year. Although the program allows only 7% of visas per country, the high demand from India and China creates complications. For example, under the high-unemployment category, India and China are each allocated only 70 visas, leaving the remainder for applicants from other countries.
This imbalance means fewer visas are left for Indian and Chinese applicants after the rest of the world claims their share.
The Department of State has flagged this problem in the January 2025 Visa Bulletin. Even using conservative estimates of two applicants per EB-5 application, the visa shortage likely affects both urban and rural categories.
The number of dependents per application might be closer to 2.5 or 2.6, making the shortage even more pronounced. The State Department has acknowledged this issue but has yet to determine the full impact, though India and China are likely to be the most affected countries.
The main question for investors is whether to invest and file an adjustment of status application now. If the Bulletin moves from current (“C”) to a cutoff date, those filing after that date will lose the opportunity to file for an adjustment of status.
While rural categories may avoid backlogs or experience only minor delays, the urban category’s backlog seems inevitable. Investors likely have just a few months to act.
Historically, warnings in the Visa Bulletin precede backlogs by about three months, but in India’s case in 2019, the backlog hit within a month.
Consider Investing ASAP
Once the backlog hits, a surge of applications typically follows. In November 2019, when the EB-5 program was set to sunset, a massive number of filings occurred. The USCIS is still processing those applications years later. To avoid this rush, investors should act promptly, discuss their options with family, and start the process before deadlines approach. Waiting could mean being part of the last wave of filings, risking delays and complications.
Deadlines for filing adjustments of status are tight. The Visa Bulletin for the following month is released in the current month, leaving a window of only 20 to 25 days to file once a cutoff date is announced. For example, if February’s Visa Bulletin indicates a March backlog, investors must file by the end of February.
Before investing, EB-5 applicants need to prepare source-of-funds documentation to ensure their attorney can file the case. Delays in obtaining bank documents or other necessary paperwork might leave insufficient time for attorneys to review and approve the filing. Selecting a project and conducting due diligence is equally critical. While time constraints may pressure investors to rush decisions, it’s essential to ensure their $800,000 investment is made in a safe EB-5 project.
Preparing for an adjustment of status involves multiple steps: choosing a project, moving funds, gathering documentation, understanding tax liabilities, and considering immigration ramifications.
Each step requires time and careful planning.
For instance, transferring money from overseas can have tax implications, and investors must understand the restrictions on travel and work that accompany adjustment-of-status filings. Attempting to complete all these steps in three weeks is risky and could result in errors or missed deadlines.
Investors who have not already engaged an attorney and begun gathering their documentation by the time a Visa Bulletin announces a cutoff date are at a disadvantage. Mistakes are more likely to occur when rushed, and some attorneys may decline cases that cannot be completed within the timeframe. Starting early reduces the risk of errors and ensures all requirements are met before deadlines.
Let EB5AN Guide You Through the Process
Acting now, before the rush begins, is the best way to secure a spot in the EB-5 program and avoid the complications of last-minute filings.
If you would like to adjust your status as soon as possible, schedule a free consultation with EB5AN. We can help you get a head start on the filing process. In as little as 30 days, you could be enjoying work and travel permits, much like a U.S. permanent resident.
