April 14th, 2025 at 05:15 am

May 2025 US Visa Bulletin: EB-5 Delays Impact Green Card Aspirants

The May 2025 U.S. Visa Bulletin reveals significant retrogression for Indian EB-5 applicants. Priority dates have moved back to May 1, 2019. This shift brings bad news for many Indian H-1B holders and Green Card hopefuls.

Major Setback for EB-5 Applicants

If you are seeking a U.S. Green Card through the Employment-Based Fifth Preference (EB-5) category, prepare for delays. The cutoff date has regressed by over six months. If your priority date is after May 1, 2019, you will face longer wait times for your Green Card application.

In contrast, China’s EB-5 unreserved category remains at January 22, 2014. This disparity means that Indian investors must wait longer to progress in their applications compared to their Chinese counterparts.

Overview of Other Employment-Based Categories

Let’s examine how other employment-based categories are faring for applicants from India, China, and the rest of the world.

EB-1 (First Preference)

The EB-1 Visa is for those with extraordinary abilities, outstanding researchers, and multinational executives. The cutoff date for India remains unchanged at February 2, 2022. China’s date is November 8, 2022, while the rest of the world enjoys a current status.

• India: February 2, 2022 (no change)
• China: November 8, 2022
• Rest of World: Current

EB-2 (Second Preference)

The EB-2 Visa typically requires an advanced degree or exceptional abilities. India’s cutoff date remains January 1, 2013. For China, it is October 1, 2020, while all other countries hold steady at June 22, 2023.

• India: January 1, 2013 (unchanged)
• China: October 1, 2020
• Others: June 22, 2023

EB-3 (Third Preference)

The EB-3 Visa is for skilled workers and professionals. India sees a slight improvement, moving to April 15, 2013. China remains unchanged at November 1, 2020, and the rest of the world stays at January 1, 2023.

• India: April 15, 2013 (slight movement forward)
• China: November 1, 2020
• Others: January 1, 2023

EB-4 (Fourth Preference)

The EB-4 Visa covers special immigrants but is currently listed as “unavailable” for all countries. This situation arises because the immigrant visas for this fiscal year have been fully allocated. The category is expected to remain unavailable until October 1, 2025.

• All Countries: Unavailable until October 1, 2025

Why the EB-5 Retrogression Hurts Indian Investors

Previously, Indian EB-5 investors enjoyed a favorable status. The unreserved category was marked as “current,” allowing for quick movement toward Green Card processing. Now, only those who filed before May 1, 2019, can advance, significantly increasing wait times for new applicants.

What’s Causing the Backlog?

The backlog stems from several factors:

• High demand from Indian investors
• A per-country cap of 7% on employment-based visas
• An annual EB-5 limit of approximately 9,800 visas

Understanding Visa Bulletin Terminology

You may wonder about terms like “Dates for Filing” and “Final Action Dates.” Here’s a brief explanation:

• Dates for Filing: This indicates when you can submit your application for adjustment of status.
• Final Action Dates: This is an estimate of when your application might be approved.

USCIS will accept applications from those whose priority dates are earlier than the listed Final Action Dates. Therefore, monitor these dates closely!

What Should Indian H-1B Holders and EB Applicants Do Now?

If you hold an H-1B Visa and aim for a Green Card, expect longer wait times, particularly in EB-2, EB-3, and EB-5 categories. Consider these steps:

• Explore regional center investments or rural/TEA EB-5 projects, which may have different quotas.
• Consult with an immigration attorney about faster options, like EB-1, if applicable.
• Track the Visa Bulletin monthly for updates.

Conclusion

Visa retrogressions can disrupt immigration plans. However, staying informed and understanding your options is crucial. If you are an Indian applicant affected by the EB-5 retrogression, remember that this is not the end—just a longer journey.