Summary of the January 2025 Visa Bulletin
The January 2025 Visa Bulletin from the U.S. Department of State reveals continued backlogs in the EB-2 and EB-3 employment-based visa categories, particularly affecting nationals born in India and China. India-born applicants face delays of up to 12 years, while China-born applicants encounter waits of around four years in both EB-2 and EB-3 categories.
In the EB-5 Unreserved category, the final action cut-off dates remain unchanged: July 15, 2016, for China, and January 1, 2022, for India. Meanwhile, for all other countries in the EB-5 Unreserved category, visa availability remains current. The EB-5 Set-Aside categories, which include Rural, High Unemployment, and Infrastructure projects, also remain current, offering an expedited path for eligible applicants.
Important Note on EB-5 Set-Aside Categories
A key highlight from the January 2025 Visa Bulletin is the note indicating a potential shift in the EB-5 Set-Aside categories. Historically, these categories have offered the fastest processing times and allowed investors to file adjustment of status applications concurrently with their I-526E petitions, minimizing delays and offering additional benefits such as work authorization (EAD) and international travel permits (Advance Parole).
The Bulletin specifically states:
"The Department of State and USCIS note increased I-526E petition approvals, and both agencies see increasing numbers of individuals processing their applications to completion in the EB-5 set-aside categories. It may become necessary to establish Dates for Filing and Final Action Dates during the fiscal year to ensure that issuances in these categories do not exceed annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly."
Impact on EB-5 Investors
This statement underscores the growing demand for EB-5 Set-Aside visas. According to data obtained via a Freedom of Information Act (FOIA) request, there are at least 4,274 visas allocated for Rural Area petitions and more than 2,137 visas for High Unemployment Area (HUA) petitions in Fiscal Year 2025. Current trends suggest no immediate cut-off dates are expected for these categories in the first half of the fiscal year.
However, if Dates for Filing and Final Action Dates are introduced for EB-5 Set-Aside categories, investors could face the following impacts:
The January 2025 Visa Bulletin highlights the rising demand in the EB-5 Set-Aside categories and signals potential regulatory adjustments. While no immediate changes have been made, the possibility of cut-off dates being introduced remains a concern.
To navigate these uncertainties, investors are advised to:
Pros:
The January 2025 Visa Bulletin from the U.S. Department of State reveals continued backlogs in the EB-2 and EB-3 employment-based visa categories, particularly affecting nationals born in India and China. India-born applicants face delays of up to 12 years, while China-born applicants encounter waits of around four years in both EB-2 and EB-3 categories.
In the EB-5 Unreserved category, the final action cut-off dates remain unchanged: July 15, 2016, for China, and January 1, 2022, for India. Meanwhile, for all other countries in the EB-5 Unreserved category, visa availability remains current. The EB-5 Set-Aside categories, which include Rural, High Unemployment, and Infrastructure projects, also remain current, offering an expedited path for eligible applicants.
Important Note on EB-5 Set-Aside Categories
A key highlight from the January 2025 Visa Bulletin is the note indicating a potential shift in the EB-5 Set-Aside categories. Historically, these categories have offered the fastest processing times and allowed investors to file adjustment of status applications concurrently with their I-526E petitions, minimizing delays and offering additional benefits such as work authorization (EAD) and international travel permits (Advance Parole).
The Bulletin specifically states:
"The Department of State and USCIS note increased I-526E petition approvals, and both agencies see increasing numbers of individuals processing their applications to completion in the EB-5 set-aside categories. It may become necessary to establish Dates for Filing and Final Action Dates during the fiscal year to ensure that issuances in these categories do not exceed annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly."
Impact on EB-5 Investors
This statement underscores the growing demand for EB-5 Set-Aside visas. According to data obtained via a Freedom of Information Act (FOIA) request, there are at least 4,274 visas allocated for Rural Area petitions and more than 2,137 visas for High Unemployment Area (HUA) petitions in Fiscal Year 2025. Current trends suggest no immediate cut-off dates are expected for these categories in the first half of the fiscal year.
However, if Dates for Filing and Final Action Dates are introduced for EB-5 Set-Aside categories, investors could face the following impacts:
- Loss of Concurrent Filing Benefits: Investors may lose the ability to file adjustment of status applications concurrently with their I-526E petitions. This could delay access to essential benefits like Employment Authorization Documents (EAD) and Advance Parole for international travel.
- Longer Wait Times: Depending on the priority dates established, investors might face prolonged waiting periods before receiving their green cards.
- Increased Uncertainty: Investors would need to closely monitor updates and timelines to ensure they remain informed about shifts in visa availability.
The January 2025 Visa Bulletin highlights the rising demand in the EB-5 Set-Aside categories and signals potential regulatory adjustments. While no immediate changes have been made, the possibility of cut-off dates being introduced remains a concern.
To navigate these uncertainties, investors are advised to:
- Stay updated with future Visa Bulletin releases.
- Work closely with experienced immigration professionals.
- File petitions and adjustment of status applications as early as possible to minimize delays.
Pros:
- EB-5 Set-Aside categories remain current as of January 2025.
- Faster processing times compared to traditional EB-5 Unreserved categories.
- Eligibility for concurrent filing of adjustment of status applications, enabling work and travel benefits.
- Potential for new cut-off dates in the near future.
- Risk of longer wait times if Dates for Filing or Final Action Dates are introduced.
- Increased uncertainty in planning timelines for visa approval.