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The EB-5 Unreserved category visa for Indians has regressed by over six months to May 1, 2019, while in contrast, the date for China remains at January 22, 2014.
The EB-5 unreserved category date for Indians was pushed back by 7 months.
The US Department of State has published its Visa Bulletin for May 2025, delivering disappointing news for Indian nationals aspiring to secure H-1B visas and green cards. The bulletin reveals a major setback for Indians in the employment-based fifth preference (EB-5) category.
According to the bulletin, the EB-5 Unreserved category visa for Indians has regressed by over six months to May 1, 2019, narrowing eligibility for Indian applicants, while in contrast, the date for China remains at January 22, 2014. It was earlier set at November 1, 2019 for Indian applicants.
The ‘Final Action Dates’ refer to the date by which the USCIS can determine whether individuals can file such visa applications, where it is family-based or employment-based.
“High demand and number use by India in the EB-5 unreserved visa categories, combined with increased Rest of World demand and number use, made it necessary to further retrogress the India final action date to hold number use within the maximum allowed under the FY-2025 annual limits,” the bulletin read.
What About Other Visa Categories?
EB-1 (Priority Workers): For the Employment-Based, First Preference (EB-1) Category, there is no change as the cutoff date for India remains at February 2, 2022, and for China, it remains November 8, 2022. All other countries remain current in this category.
EB-2 (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability): In this Category, the status remains the same for Indians and Chinese nationals. The cutoff date for India continues to be January 1, 2013, and for China, it is October 1, 2020. The EB-2 cutoff date for all other countries remains June 22, 2013.
EB-3 (Skilled Workers, Professionals, and Other Workers): As for the Employment-Based, Third Preference (EB-3) Category, India’s cutoff date advances by two weeks to April 15, 2013, while China’s date stays at November 1, 2020. The cutoff date for other countries is unchanged at January 1, 2023.
EB-3 Other Workers: In this category, the cutoff date for Indians aligns with the EB-3 category at April 15. For China, the date is April 1, 2017, while for all other countries, it remains May 22, 2021.
The State Department had announced last year that all available EB-4 (Certain Special Immigrants) immigrant visas for the financial year 2025 were issued by February 28, 2025. As a result, the EB-4 category is now unavailable and will remain so through the end of the financial year on September 30, 2025.
The EB-5 category refers to other qualified immigrants, of which some applications are reserved for those who invest in rural areas, high-unemployment areas, and infrastructure projects.
The bulletin also reads, “The fiscal year 2025 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7 per cent of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2 per cent, or 7,320.”
What Does This Mean?
Each month, the US Department of State issues a visa bulletin listing the cutoff dates for visa availability by nationality. This bulletin determines which applicants can submit their applications for adjustment of visa status or permanent residency.
Applicants with a priority date before the cutoff date in the most recent bulletin are typically eligible to apply for permanent residency. Visa retrogression occurs when the number of applicants for a particular visa category or country exceed the available visas for that month. This often happens toward the end of the fiscal year as visa issuance nears the annual category or per-country limits.
Immigration has become a major issue since US President Donald Trump took office in January, with the goal of the largest deportation exercise in the country’s history. While Trump’s policies were aimed at limiting illegal immigration, they seem to also impact high-skilled immigration.
- Location :
Washington D.C., United States of America (USA)
