The U.S. Department of State (DOS) in its January 2025 Visa Bulletin confirms that Final Action Dates and Dates for Filing for the Unreserved EB-5 category will remain unchanged. Additionally, the Reserved EB-5 categories will continue to be “current” for the coming month.
However, the bulletin also contains an important caution: cut-off dates for the Reserved EB-5 categories may be introduced later in the fiscal year to regulate demand.
In the DOS’ Visa Bulletin, a “cut-off date” signifies the priority date of the applicant who cannot be accommodated within the numerical limits for a specific visa category and country. Applicants with priority dates earlier than this cut-off date are eligible to proceed with their immigrant visa applications. Conversely, those with priority dates on or after the cut-off date must wait until their priority date becomes current. These cut-off dates are established based on visa demand and supply, ensuring adherence to annual immigration caps.
Key Points to Consider
There is a recent increase in I-526E petition approvals under the Reserved EB-5 categories, including Rural and High-Unemployment Areas. This increase is indicative of growing investor interest and more rapid visa processing. However, to manage annual visa limits, the DOS and USCIS may consider introducing cut-off dates for these categories later in the fiscal year.
What Does This Mean for EB-5 Investors?
- Potential Delays: As demand grows, processing times and wait periods for visa approvals may lengthen.
- Prioritization Shifts: The USCIS could begin prioritizing specific categories or projects, which may affect overall processing times and outcomes.
Increased Demand: The surge in interest for Reserved EB-5 categories could intensify the demand for limited visa numbers.
