May Visa Bulletin: EB-5 Final Action Dates Retrogress Again for Indian and Chinese Unreserved Investors
The retrogression of final action dates in the EB-5 program affects investors from India and China, extending the waiting times to obtain a Green Card. Find out how this change impacts applicants and what options are still available for international investors.
The U.S. EB-5 Immigrant Investor Program has faced significant challenges recently, particularly for investors from India and China in the Unreserved category. In the May 2025 Visa Bulletin, the U.S. Department of State (DOS) announced another setback for these investors, as the final action dates for both India and China have retrogressed once again.
This development may impact the investment strategies and immigration plans for many EB-5 applicants, especially those from these two high-demand countries. In this article, we will explore the reasons behind this retrogression, what it means for applicants, and how these changes impact the broader EB-5 landscape. We will also highlight how these shifts affect both investors and the U.S. government’s approach to managing EB-5 visa allocations.
1. Understanding EB-5 Final Action Dates and Filing Dates
Before delving into the retrogression news, it’s important to understand the distinction between final action dates and filing dates. These two key terms are essential for EB-5 applicants and their attorneys in determining when they can submit documents and when they can actually receive a visa.
- Filing Date: This is the date by which applicants can submit their forms to the United States Citizenship and Immigration Services (USCIS). For Indian investors, the filing date remains unchanged at April 1, 2022, and for Chinese investors, the filing date is October 1, 2016.
- Final Action Date: This is when USCIS can approve and issue a visa to applicants who have completed all processing steps, including the I-526 petition approval. For Indian investors, the final action date is now May 1, 2019, and for Chinese investors, it is January 22, 2014. These dates have moved backward due to a surge in applications.
The Visa Bulletin issued monthly by the DOS provides important updates on these dates and allows potential applicants to plan their immigration journey.
2. Why Did Retrogression Happen?
The retrogression of the final action dates for Indian and Chinese investors is largely due to an increased demand from both countries, along with a surge in applications from other parts of the world. As a result, the U.S. government has been forced to adjust the dates to ensure that they stay within the annual visa limits for the fiscal year 2025.
In the case of India, investors now face a significant 4-year delay, while Chinese investors are experiencing a nearly 7-year delay. This retrogression is the second time such a setback has occurred since October 2024, following a similar move in the April 2025 Visa Bulletin.
For the U.S. government, retrogression helps balance the demand from different countries and ensures that no single country takes up an excessive portion of the available visas. It is a mechanism used to manage the limited number of EB-5 visas available each year.
3. Set-Aside Categories Remain Unaffected—For Now
While the retrogression of final action dates for Indian and Chinese investors in the Unreserved category is concerning, there is a silver lining. The set-aside categories of the EB-5 program—Rural, High-Employment Areas (HUA), and Infrastructure—remain current, meaning there are no backlogs for applicants from other nationalities in these categories.
- Rural Projects: These are projects located in rural areas, benefiting from a certain number of visas reserved for such developments.
- High-Employment Areas (HUA): Projects that create a significant number of jobs in economically challenged regions can qualify for set-aside visas.
- Infrastructure Projects: These are projects focused on the development of essential infrastructure, such as transportation and energy.
These categories are still open to applicants, offering a potential pathway for those looking to invest in projects in these high-priority areas.
However, the DOS has warned that there may be backlogs in these set-aside categories later in the fiscal year 2025, as demand for these visas increases.
4. What Does This Retrogression Mean for Investors?
For investors from India and China, the retrogression in final action dates means that they may face lengthened wait times before their EB-5 applications are processed and they can move forward with obtaining their Green Cards. These delays can impact both individual investors and their families, especially those hoping to use the EB-5 program as a means to secure permanent residency in the United States.
In particular, investors from China, who are now facing a final action date from January 2014, may have to wait several more years before their petitions are processed. This is especially problematic for applicants who have already invested in EB-5-qualified projects, as their ability to receive their Green Cards is now delayed.
For Indian investors, while the delay is shorter, at May 1, 2019, it still represents a substantial wait for those who hoped to use the EB-5 program as a relatively quick route to U.S. residency.
5. Impact on Other Nationalities
While Indian and Chinese investors are facing retrogression, applicants from other countries in the Unreserved and set-aside categories are not experiencing any backlogs. For example, countries like Vietnam, Brazil, and Mexico have not seen the same retrogression in final action dates, and their applicants can continue to move forward with their applications.
This is an important opportunity for investors from countries with less demand for EB-5 visas. These investors can benefit from faster processing times and avoid the long delays that Indian and Chinese investors are now facing.
6. How to Navigate Retrogression: Strategies for EB-5 Investors
For investors in the Unreserved category, particularly those from India and China, it’s essential to stay informed about these changes and adjust plans accordingly. Here are some strategies to consider:
- Explore Set-Aside Categories: As the set-aside categories remain open, consider shifting focus to projects in rural, HUA, or infrastructure sectors. These categories have fewer applicants, meaning there’s less likelihood of backlogs.
- Consider Regional Center Projects: While some applicants may face delays, investing in Regional Centers in areas with high job creation can still be a viable option for some investors. Regional Centers focus on large-scale development and can provide a pathway to expedite the visa process.
- Stay Updated: Regularly check the Visa Bulletin for any updates on final action dates. This can help you plan your next steps and prepare for potential changes in the program.
7. What Happens Next for EB-5 Investors?
As we look forward to the remainder of fiscal year 2025, EB-5 investors from China and India may face further challenges as retrogression becomes more prevalent. However, with the continued growth of set-aside categories, investors still have viable options to consider.
Furthermore, it’s important to stay attuned to any legislative changes that may affect the EB-5 program in the future. Ongoing discussions in Congress about the future of EB-5 immigration could potentially lead to changes in the allocation process, which could alleviate some of the pressure on Indian and Chinese applicants.
The Path Forward for EB-5 Investors
The retrogression of final action dates for Indian and Chinese EB-5 investors highlights the growing demand for U.S. immigration opportunities and the challenges that come with managing limited visa availability. While this may seem like a setback, the EB-5 program remains one of the most powerful pathways for investment and residency in the United States.
For investors from other countries, the set-aside categories remain an attractive option with no backlogs, offering a clearer path to permanent residency. With strategic planning and an understanding of the Visa Bulletin’s updates, EB-5 investors can still navigate these changes effectively and continue their journey toward obtaining U.S. residency.
In the ever-evolving landscape of U.S. immigration, staying informed and adaptable will be key to successfully achieving your goals through the EB-5 program.
