No Change from Last Month for EB-5 Final Action and Filing Dates
Wednesday, March 22, 2023 - The U.S. Department of State (DOS) has published the monthly Visa Bulletin for April, revealing priority dates for EB-5 visa applicants, in respective categories, for the upcoming month.
Note, for the month of April, USCIS has transitioned from Chart B to Chart A for determining which applicants are eligible to file for Adjustment of Status.
Fifth: Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)
DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
RETROGRESSION OF THE EMPLOYMENT-BASED FIFTH (EB-5) PREFERENCE CATEGORY FINAL ACTION DATE FOR INDIA
In last month's March visa bulletin, information regarding retrogression for final action dates for India and China were published. As of November 2021, there were an estimated 7,400 India chargeable applicants in line for unreserved visas. In FY2022 only approximately 500 immigrant visas were issued to India chargeable applicants. In FY23 EB-5 is anticipated to receive approximately 14,000 visas. Unreserved receives 68% and India up to 7% or about 660 visas in FY23. Therefore, there is more anticipated demand for visas than there are visas available causing the category to retrogress.
India is still current for applications filed after March 15, 2022, associated with a Rural, High Unemployment, or Infrastructure EB-5 projects.
We continue to encourage all eligible Indian and Chinese investors to take advantage of current set-aside visas and to contact our office directly with any questions at firstname.lastname@example.org.