United States | EB-5 visa update for applicants from China and India

The April Visa Bulletin shows a major retrogression of more than two years in the EB-5 unreserved visa category preference for both China and India.

Key Points:

• China retrogressed from July 15, 2016, to Jan. 22, 2014.
• India retrogressed from Jan. 1, 2022, to Nov. 1, 2019.
• The State Department noted that retrogression of the Final Action Dates was necessary to hold number use within the maximum allowed under the fiscal year 2025 annual limits after experiencing increased demand and number use in the EB-5 unreserved visa categories by applicants from China, India and across other countries. The EB-5 unreserved visa category applies to investments made in non-targeted employment areas or infrastructure, or made prior to the enactment of the EB-5 Reform and Integrity Act of 2022.
• If the EB-5 unreserved visa category becomes oversubscribed, the State Department may establish a Final Action Date for applicants chargeable to all other countries.

Additional Information: In the other employment-based visa preference categories, India showed some advancement in the EB-1, EB-2 and EB-3 visa categories. China advanced in the EB-2 and EB-3 visa categories.

This alert has been provided by the BAL U.S. Practice Group.

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