The U.S. Department of State’s April 2025 Visa Bulletin has introduced significant changes affecting employment-based (EB) immigrant visa categories, notably the EB-5 Unreserved category for Indian applicants. This development has substantial implications for Indian investors seeking U.S. permanent residency through the EB-5 program.
In This Article:
Understanding the EB-5 Visa Program
The EB-5 Immigrant Investor Program enables foreign investors to obtain U.S. permanent residency by investing a minimum of $1 million, or $500,000 in targeted employment areas, into new commercial enterprises that create at least ten full-time jobs for U.S. workers. This program has been particularly attractive to investors from countries like India and China, seeking opportunities and stability in the United States.
Retrogression Details in the April 2025 Visa Bulletin
The April 2025 Visa Bulletin indicates a significant retrogression in the EB-5 Unreserved visa category for India and China. Specifically, the Final Action Date for India has moved back by over two years to November 1, 2019, and for China, by approximately two and a half years to January 22, 2014. This means that only applicants from these countries with priority dates before these cutoffs are currently eligible for visa issuance.
Causes of Retrogression
The primary cause of this retrogression is the increased demand and number use by applicants chargeable to China and India in the EB-5 Unreserved visa categories, combined with increased demand and number use across other countries. To manage the annual visa limitations effectively, the U.S. The Department of State observed that increased application volumes necessitated adjusting the Final Action Dates.
Impact on Indian Applicants
For Indian investors, this retrogression translates to longer waiting periods for green cards. Applicants with priority dates after November 1, 2019, will now face delays in receiving their visas. This shift may prompt potential investors to reassess their timelines and consider alternative immigration options or investment strategies.
Other Employment-Based Visa Categories
While the EB-5 Unreserved category experiences significant setbacks, other employment-based categories show moderate advancements:
- EB-1: The Final Action Date for India advances by one month.
- EB-2: The Final Action Date for India advances by one month, and for China, by almost five months.
- EB-3: The Final Action Date for India advances by two months, and for China, by three months.
These advancements, although modest, provide some relief to applicants in these categories.
USCIS Adjustment of Status Applications
The U.S. Citizenship and Immigration Services (USCIS) has announced that it will accept employment-based adjustment of status applications based on the Visa Bulletin’s Final Action Dates chart in April 2025. This allows applicants to file if their priority date is earlier than the listed cutoff date for their category and country.
Future Outlook
The Visa Bulletin notes that it may become necessary to establish a Final Action Date for applicants chargeable to all other countries if demand and number use continue to increase, potentially leading to oversubscription. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
The April 2025 Visa Bulletin brings significant changes, particularly for Indian investors in the EB-5 Unreserved category. The retrogression underscores the importance of staying informed about visa bulletin updates and understanding their implications on immigration plans. Applicants are advised to consult with immigration experts to navigate these changes effectively and explore alternative pathways to achieve their U.S. residency goals.
By – Jyothi
