The U.S. Department of State (DOS) released the updated Visa Bulletin for June 2023, resulting in retrogression for some and advancement for others. The EB-1 category remains current for all countries expect China and India. China and India retrogressed 4 months in this category, moving backward to Feb. 1, 2022. The EB-2, EB-3, and EB-4 categories had no movement with the exception of the EB-3 Other Worker category which showed minor improvement for China to Sept. 1, 2015.
The priority dates listed in the Final Action Dates (Chart A) remain current for EB-5 investors born in all countries except the following:
Mainland-China-Born Investors
The cutoff date for Mainland-China-born EB-5 investors remains Sept. 8, 2015. This means Mainland-China-born investors with priority dates of Sept. 8, 2015, or earlier are eligible to be scheduled for immigrant visa interviews at consular posts or file for adjustment of status if they are in valid status in the United States, or they may wait for the adjudication of their AOS applications if previously submitted.
India-Born Investors
India-born investors are subject to further visa backlogs. The cutoff date retrogressed from June 1, 2018, to April 1, 2017. This increase in the backlog of pending I-526 petitions for India-born investors will prolong their immigration process.
Dates for Filing chart
The current priority date cutoffs listed in the Dates for Filing chart (Chart B) remain unchanged. For Mainland-China-born investors, the priority date is Jan. 1, 2016. For India-born investors, the priority date is Dec. 8, 2019. Chart B enables EB-5 investors who are in valid nonimmigrant status in the United States and wish to process the green card application without leaving the United States to file Adjustment of Status applications. However, the United States Citizenship and Immigration Services (USCIS) website indicates that Chart B must be used for filing Form I-485. For the month of June, USCIS does not permit the use of Chart B for Adjustment of Status applications. Typically, USCIS designates one of the two charts each month within one week of the publication of the Visa Bulletin.
Set-Asides
Under the Reform and Integrity Act of 2022, new EB-5 investors who invest in rural areas, areas with high unemployment, or infrastructure projects qualify for a set-aside EB-5 visa. There is no visa backlog for set-aside categories.
FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES (Chart A)
DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS (Chart B)
