In the January 2025 visa bulletin, the U.S. Department of State and USCIS reported significant progress in processing EB-5 Immigrant Investor Program applications, including increased approvals for I-526E petitions—a key step for investors seeking U.S. residency.

Progress in EB-5 Immigrant Investor Program Approvals

They’ve also noted more applicants successfully completing the program in EB-5 set-aside categories, which are designed to drive economic growth and job creation in rural communities, high-unemployment areas, and infrastructure projects. This surge in approvals highlights the growing interest in these categories and the program’s importance to the U.S. economy.

Importance of EB-5 for Chinese and Indian-Born Investors

This update is especially important for applicants filing for conditional green cards. The EB-5 program can be a great option for Chinese and Indian-born investors, who often face delays in other visa categories like H-1B, and for families with children nearing the age limit for dependent status. Unlike many other employment-based categories at this time, EB-5 allows for concurrent filing, which lets applicants apply for adjustment of status, and get work authorization and travel permits while waiting for their applications to be processed. Even if there are delays, applicants can extend these permits, allowing them to stay in the U.S. while their application is pending.

Potential for Future EB-5 Visa Backlogs

The Department of State and USCIS have cautioned that growing demand for EB-5 visas might result in backlogs in the future, though it is currently unclear if or when this will happen. To manage demand, the agencies may eventually introduce filing and approval deadlines (“Dates for Filing” and “Final Action Dates”) to stay within annual visa limits. However, the January 2025 Visa Bulletin remains current for applications within the set-aside categories, allowing applicants to take advantage of concurrent filing opportunities, making this an ideal time to act.

Prospective EB-5 investors should plan carefully, especially regarding the source of investment funds, and consider filing promptly to avoid potential delays if backlogs are introduced later this year.

Stay Informed on EB-5 Visa Updates

The Department of State and USCIS are closely watching the situation and will make adjustments as needed. Potential investors are encouraged to stay informed, act promptly, and plan carefully to take advantage of this pathway to U.S. residency.

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